Legal Opinion

Hubbard v. Chism

Court Of Appeals Of Indian Territory

Decided October 19, 1904PublishedCited by 2 opinions

Appeal from the United States Court for tbe Northern District. Joseph A. Gill, Judge. Action by John J. Hubbard against Thomas Chism. Judgment for defendant. Plaintiff appeals.

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Appeal from the United States Court for tbe Northern District. Joseph A. Gill, Judge. Action by John J. Hubbard against Thomas Chism. Judgment for defendant. Plaintiff appeals. On April 14, 1902, the appellant, plaintiff below, filed his complaint at law against the appellee, defendant below, and for cause of action says that on or about September 1, 1898, the defendant became the tenant of the plaintiff for the year 1898, and entered into the possession of certain described premises lying in the Cherokee Nation, Ind. Ter., under a written contract; that defendant, under a verbal contract…

1Opinion of the CourtTownsend, J.

The appellant has filed assignments of error as follows: “(1) The trial court erred in sustaining the demurrer the appellant had filed to the answer of the appellee to the complaint in the case, which error was excepted to at the time. (2) The trial court erred in holding that the complaint was insufficient to entitle the appellant to maintain his action against appellee, which error was excepted to at the time. (3) The trial court erred in not sustaining said demurrer to the answer, and in holding that the complaint was demurrable, which error was excepted to at the time.” Appellant says…

2Cases cited1 opinion

  1. Shrimsher v. NewtonCourt Of Appeals Of Indian Territory · 1901

3Cited by2 opinions

  1. Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
  2. Pruitt v. CarterSupreme Court of Oklahoma · 1915

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