Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oklahoma, Volumes 83-84Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton Harlow Publishing Company, 1922 |
From inside the book
Results 1-5 of 100
Page 2
... demurrer for the reason that the same did not state facts constituting a cause of action . We do not find in the record where said de- murrer was ever passed upon by the court . Afterwards the defendant below filed an an- swer to said ...
... demurrer for the reason that the same did not state facts constituting a cause of action . We do not find in the record where said de- murrer was ever passed upon by the court . Afterwards the defendant below filed an an- swer to said ...
Page 27
... demurrer to the evi- dence as to the president being liable in his individual capacity . provides . in substance ... Demurrer to Evidence - Effect . A demurrer to the evidence admits all the facts which the evidence reasonably tends to ...
... demurrer to the evi- dence as to the president being liable in his individual capacity . provides . in substance ... Demurrer to Evidence - Effect . A demurrer to the evidence admits all the facts which the evidence reasonably tends to ...
Page 28
... demurrer to the evidence of the plain- tiffs . Error from District Court , Craig County ; Preston S. Davis , Judge . Action by Malinda Elton and another against Charles E. Schaff , receiver of the Missouri , Kansas & Texas Railway Com ...
... demurrer to the evidence of the plain- tiffs . Error from District Court , Craig County ; Preston S. Davis , Judge . Action by Malinda Elton and another against Charles E. Schaff , receiver of the Missouri , Kansas & Texas Railway Com ...
Page 29
... demurrer to the evidence , it must be be- cause the evidenec of the plaintiffs was suf ficient to submit their case to the jury upon the theory that the engineer did not have complete control of the train as it was enter- ing the ...
... demurrer to the evidence , it must be be- cause the evidenec of the plaintiffs was suf ficient to submit their case to the jury upon the theory that the engineer did not have complete control of the train as it was enter- ing the ...
Page 30
... demurrer thereto . The case is reversed , and remanded , with directions to grant plaintiffs in error a new trial . PITCHFORD , HARRISON , C. J. , and ELTING , and NICHOLSON , JJ . , concur . TAYLOR v . SCOTT . No. 11582 - Opinion Filed ...
... demurrer thereto . The case is reversed , and remanded , with directions to grant plaintiffs in error a new trial . PITCHFORD , HARRISON , C. J. , and ELTING , and NICHOLSON , JJ . , concur . TAYLOR v . SCOTT . No. 11582 - Opinion Filed ...
Other editions - View all
Common terms and phrases
affirmed agreement alleged amended amount answer appeal assigned attorney authority bond brings error cars charter claim commissioners Constitution contended contract county court court erred court of equity damages deceased deed defendant in error demurrer district court duties entitled Error from District evidence executed facts favor fendant filed Five Civilized Tribes follows fraud gas lease guardian held homestead instructions interest issued Judge judgment jurisdiction jury KENNAMER land lien Loeser ment minor mortgage motion Muskogee county oil and gas Okla Oklahoma City Oklahoma county Okmulgee county opinion overruled paid parties payment person petition plain plaintiff in error pleadings possession premises proceedings purchase question quiet title real estate reason record rendered reversed rule sold statute statute of frauds stipulation supra Supreme Court sustained Syllabus thereof tiff tion tract trial court Tulsa Tulsa county verdict void
Popular passages
Page 82 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 61 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent of the party sought to be charged...
Page 175 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 61 - No judgment shall be set aside, or new trial granted, by any court of the United States, in any case, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, in the opinion of the court to which application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Page 177 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 279 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 228 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 87 - It is agreed that this lease shall remain in force for a term of years from this date, and as long thereafter as oil or gas, or either of them, is produced from said land by the lessee.
Page 52 - The court correctly instructed the jury that the burden of proof was upon the plaintiff to...
Page 192 - A judgment is the final determination of the rights of the parties in an action or proceeding.