Stanclift v. Swingle
Supreme Court of Oklahoma
Error from District Court, Tulsa County; P. L. Thurman, Special Judge. Action by A. G. Swingle against Timothy M. Stanclift and another, to declare a resulting trust. From a judgment for plaintiff, defendants bring error.
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Error from District Court, Tulsa County; P. L. Thurman, Special Judge. Action by A. G. Swingle against Timothy M. Stanclift and another, to declare a resulting trust. From a judgment for plaintiff, defendants bring error. On October 23, 1907, defendant in error, A. G. Swingle, filed in the United States court for the Western district of the Indian Territory at Tulsa his complaint in equity against plaintiffs in error, Timothy M. Stanclift and Francis R. Brennan, and thereafter, and on, to wit,-April 9, 1908, filed an amended complaint; issues thereon being joined by answer. The regular judge…
1Opinion of the Court
Opinion by
SHARP, C.
(after stating the facts as above). Counsel for plaintiffs in error, in his petition in error and in the assignment of error contained in his brief, sets out numerous assignments of error, only one of which is necessary to consider: Was there any warrant in law for the election of a special district judge on April 9, 1908?
The latter part of section 9, art. 7, of the Oklahoma Constitution, reads:
“In the event any judge shall be disqualified for any reason from trying any case in his district, the parties to such case may agree upon a judge pro tempore to try the same, and if…
2Cases cited2 opinions
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Cowart v. StateCourt of Criminal Appeals of Oklahoma · 1910