Legal Opinion

Rolla v. McAlester Coal Co.

Court Of Appeals Of Indian Territory

Decided November 24, 1906PublishedCited by 2 opinions

Appeal from the United States Court for the Central District of the -Indian Territory; before Justice' Wm. H. H. Clayton, July 5, 1904. Action by Joe Rolla, administrator of Barto Rolla deceased, against the McAlester Coal Mining Company. Prom a judgment for defendant, plaintiff appeals. From the transcript of the record it does not appear on what date the original complaint was filed, but on May 6, 1903, defendant filed motion to quash service.

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Appeal from the United States Court for the Central District of the -Indian Territory; before Justice' Wm. H. H. Clayton, July 5, 1904. Action by Joe Rolla, administrator of Barto Rolla deceased, against the McAlester Coal Mining Company. Prom a judgment for defendant, plaintiff appeals. From the transcript of the record it does not appear on what date the original complaint was filed, but on May 6, 1903, defendant filed motion to quash service. On June 6, 1903, the motion to quash was overruled, to which defendant excepted, and other motions were filed and overruled. Venue was changed to…

1Opinion of the CourtTownsend, J.

(after stating the facts). The appellant (plaintiff) has filed seven assignments of error, which he discusses under two general heads, as follows: “First, the admissibility of evidence as raised by the -first and second assignments of error; and, second, should the cause have been submitted to the jury, as raised by the third, fourth, fifth, sixth, arid seventh assignments of error?” The first head discussed the question of allowing certain witnesses to testify. The second head was discussed under two propositions, as follows: “(1) Was it error for the court to decide, as a matter of law,…

2Cases cited13 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
  3. Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
  4. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
  5. City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Holland v. Durham Coal & Coke Co.Supreme Court of Georgia · 1908
  2. Brooks v. Central Coal & Coke Co.Supreme Court of Kansas · 1915

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