Oklahoma Reports Volume 10

Oklahoma Reports Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...in error. Burvvell; J., having presided in the court below, not sitti1ig;=all=of the other Justices concurring. APPEAL Fnou PROBATE COUR'r---lurtsdtction of Dtcfrtct Court. The district court has jurisdiction of causes appealed from the probate court, when questions of fact are to be retried whether the case be one within the jurisdiction of a. Justice of then peace or of the district court. (Syllabus by the Court.) Error from the District Court of Garfield County; before ' Jno. L. McAtee, District Judge. Frank Purcell, for plaintiff in error. 0. D. H ubbell and W. S. Danton, for defendant in error. Opinion of the court by Bunronn, O. J.: This action was commenced before the probate court of Garfield county to recover the sum of two hundred and seventy-five dollars and accrued interest upon a promissory note. The plaintifi Hudson recovered judgment against Randolph for the sum of $384.50, and costs. Randolph appealed to the district court upon both questions of law and fact. In the district court the appeal was dismissed on motion of Hudson and cause remanded to the probate court. The record shows that the grounds upon which the trial court dismissed the appeal was that no appeal will lie from the probate cotrt to the district court in causes wherein the two courts have concurrent jurisdiction. From the judgment dismissing the appeal the plaintifl in error brings the cause to this court for review. The question involved in this case was fully considered and passed upon in the case of Decker v. Cahill, decided at the present term. In that case it is held that when a judgment is rendered in the probate court in a civil cause, the defeated party may elect whether he will have the case retried on questions of fact on appeal, or whether he...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236788842
  • 9781236788849