St. Louis S. F. R. Co. v. McAllister
Supreme Court of Oklahoma
Error from County Court, Johnston County; Charles S. Fenwick, Judge. Action by W. A. McAllister against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff in justice court, and, defendant’s appeal to the county court being dismissed, defendant brings error.
1Opinion of the Court
Opinion by
MATHEWS, C.
Parties will be designated as in the trial court. This action was begun in the justice of the peace court. Judgment there was for plaintiff, and the defendant appealed to the county court' of Johnston county. This appeal was dismissed because- no cash deposit for costs had been made as required by a rule of said county court.
It appears that the county judge of Johnston county had adopted a rule requiring all parties taking an appeal from the justice court to the county court to make a deposit of $5 for costs, and the right to enforce such a rule is the sole question…
2Cases cited4 opinions
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Holmes v. OffieldSupreme Court of Oklahoma · 1908
- Stone v. ClogstonSupreme Court of Oklahoma · 1909
- Nelson v. LollarSupreme Court of Oklahoma · 1908
3Cited by3 opinions
- Anderson v. Kinnebrew Motor Co.Supreme Court of Oklahoma · 1940
- Lewis v. Sinclair Prairie Oil Co.Supreme Court of Oklahoma · 1941
- Chicago, R.I. P. Ry. Co. v. RichSupreme Court of Oklahoma · 1916