Legal Opinion

McAdams v. Latham

Supreme Court of Oklahoma

Decided June 24, 1908No. 2080, Okla. TPublishedCited by 38 opinions

Error from Probate Cowrt, Beaver County; H. D. Mees, Judge. Action by T. M. Latham against J. J. McAdams. Judgment for plaintiff. Defendant brings error.

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Error from Probate Cowrt, Beaver County; H. D. Mees, Judge. Action by T. M. Latham against J. J. McAdams. Judgment for plaintiff. Defendant brings error. On the 13th day of November, A. D. 1905, the defendant in •error, as plaintiff, commenced, against the plaintiff in error, as defendant, in the court below, this action for $148.50, balance due on a pasturage contract in writing, entered into originally between E. 0. Oneal, through the defendant in error, as agent, and the plaintiff in error; said contract having been thereafter duly assigned to the defendant in error. Plaintiff in his…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above). The only question to be determined is whether or not the probate court of Beaver county, at its May term in 1906, erred in sustaining the motion of the defendant in error to set aside the order, made and entered at the January term, A. D. 1906, of said court granting a new trial.

In the ease of Hemme v. School District Number 4, 30 Kan. 377, 1 Pac. 104, Mr. Justice Yalentine, speaking for the Supreme Court of the state of Kansas, said:

“It will be remembered that the original motion for the new trial was filed at the term at which the original trial was had…

2Cases cited3 opinions

  1. Hemme v. School District No. 4Supreme Court of Kansas · 1883
  2. St. Louis & San Francisco Railway Co. v. MossmanSupreme Court of Kansas · 1883
  3. Alliance Trust Co. v. BarrettCourt of Appeals of Kansas · 1897

3Cited by38 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1908
  2. Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
  3. Morgan v. KarcherSupreme Court of Oklahoma · 1921
  4. Richardson v. HowardSupreme Court of Oklahoma · 1915
  5. Todd v. OrrSupreme Court of Oklahoma · 1914

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