Tulsa Ice Co. v. Wilkes
Supreme Court of Oklahoma
Error from Superior Court, Tulsa County; M. A. Breckenridge. Judge. Action by John H. Wilkes against the Tulsa lee Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
BREWER, C.
We are met at the threshold of this case with a motion to dismiss the appeal, which we will first proceed to dispose of. The motion sets up two grounds:(1) It is urged that the notice to settle was served before the time had expired for suggesting amendments, and that it did not give the five days’ notice allowed by the court. It was not objectionable to serve the notice while the time for suggesting amendments was running (Frey v. McCune, 49 Okla. 493, 153 Pac. 109), but the court would be without authority to settle the case-made before the time for suggesting amendments…
2Cases cited11 opinions
- First Nat. Bank of Collinsville v. DanielsSupreme Court of Oklahoma · 1910
- Lee v. FoleySupreme Court of Louisiana · 1904
- Cook v. FogartySupreme Court of Iowa · 1897
- Ft. Smith & W. R. v. State Nat. Bank of ShawneeSupreme Court of Oklahoma · 1909
- Frey v. McCuneSupreme Court of Oklahoma · 1915
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3Cited by4 opinions
- Lillard v. MeisbergerSupreme Court of Oklahoma · 1925
- Larkey v. ChurchSupreme Court of Oklahoma · 1920
- Crosby v. CaninoSupreme Court of Colorado · 1928
- Allen v. DillardSupreme Court of Oklahoma · 1916