Legal Opinion

Herren v. Merrilees

Supreme Court of Oklahoma

Decided July 30, 1898PublishedCited by 7 opinions

Error from the District Court of Custer County; hefoie' J. C. Tarsney, District Judge. Action by John J. Merrilees against Hillis E. Herren. Judgment for plaintiff. Defendant brings error. Tin's was an injunction, the object of which was to give to Merrilees, the plaintiff below, an order restraining the defendant, Herren, from interfering with his possession of a tract of land pending a contest therefor in the land department.

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Error from the District Court of Custer County; hefoie' J. C. Tarsney, District Judge. Action by John J. Merrilees against Hillis E. Herren. Judgment for plaintiff. Defendant brings error. Tin's was an injunction, the object of which was to give to Merrilees, the plaintiff below, an order restraining the defendant, Herren, from interfering with his possession of a tract of land pending a contest therefor in the land department. The petition averred that, prior to. the time of the matters charged, Merrilees had applied to enter the N. W. i of section 21, township 15 N., range 15 W., I. M., but…

1Opinion of the Court

Opinion of the court by

McAtee, J.

The plaintiff in error brings the case here by a bill of exceptions. The order signed by the judge of the district court reads as follows:

“To which said order the defendant excepts, and now, at the time of making this decision and order, the defendant tenders this, his bill of exceptions, and asks said judge to sign the same, as containing a true and correct copy of all the pleadings, papers, and proceedings, showing the ruling of said judge at chambers, and the exception of the defendant thereto, and asks said judge to cause the same to be filed and made a…

2Cases cited7 opinions

  1. McCoy v. AbleIndiana Supreme Court · 1892
  2. Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
  3. Poteet v. County CommissionersWest Virginia Supreme Court · 1887
  4. People ex rel. Hubbard v. AnthonyIllinois Supreme Court · 1889
  5. Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Adams Royalty Co. v. FaulknerSupreme Court of Oklahoma · 1936
  2. School Dist. No. 8 v. EakinSupreme Court of Oklahoma · 1909
  3. Shaffer v. TyrrellSupreme Court of Oklahoma · 1916
  4. Brown-Beane Co. v. RuckerSupreme Court of Oklahoma · 1913
  5. Security State Bank v. MaloneSupreme Court of Oklahoma · 1928

2 more not listed; retrieve them via the Exa API.

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