Hutchings v. Cobble
Supreme Court of Oklahoma
Error from Delaware County Court; Wilson N. Smith, Judge. Action in replevin by James A. Cobble against James E. Hutchings. Judgment for plaintiff, and defendant brings error.
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Error from Delaware County Court; Wilson N. Smith, Judge. Action in replevin by James A. Cobble against James E. Hutchings. Judgment for plaintiff, and defendant brings error. This action was begun in the county court of Delaware county, on November 27, 1908, by James A. Cobble, as plaintiff, and hereinafter designated as such, against James F. Hutchings, hereinafter called defendant, to recover, by virtue of a chattel mortgage, possession of a team of mules, wagon, and harness, of the value of $250. Plaintiff also prayed that his special interest in said property be ascertained, and that he…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). The first assignment of error urged by defendant is that the court erred in overruling the motion to quash the writ and strike the same from the files, on the grounds that Plarrison Davis, who issued the same, was not the clerk of the county court, of Delaware county, and that, therefore, the same was void and conferred no jurisdiction upon the court to hear and determine this action. Counsel urges, that inasmuch as Delaware county, at that time, had less than 10,000 people, there could be no clerk of the county court, and that the…
2Cases cited19 opinions
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Cit. State Bank of Lawton v. Chattanooga State BankSupreme Court of Oklahoma · 1909
- McGarrity v. ByingtonCalifornia Supreme Court · 1859
- Kischman v. ScottSupreme Court of Missouri · 1901
- Batchelor v. WalburnSupreme Court of Kansas · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Offutt v. WagonerSupreme Court of Oklahoma · 1911
- Hoff v. LesterWashington Supreme Court · 1946
- Killinger v. IestIdaho Supreme Court · 1967
- Lamont Gas & Oil Co. v. Doop & FraterSupreme Court of Oklahoma · 1913
- Gross v. LincolnSupreme Court of Oklahoma · 1921
24 more not listed; retrieve them via the Exa API.