Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oklahoma, Volume 32Oklahoma. 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, 1912 - Law reports, digests, etc |
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Page 17
... possession of real estate . He based his title upon a sheriff's deed . The claim of the defendants was that the judgment on which execution was levied , pursuant to which the plaintiff bought , was void , because the defendant was not ...
... possession of real estate . He based his title upon a sheriff's deed . The claim of the defendants was that the judgment on which execution was levied , pursuant to which the plaintiff bought , was void , because the defendant was not ...
Page 56
... Possession of Premises - Holding Over . Where landlord and tenant are negotiating for a new lease for farm land at the time of the expiration of the original lease , and the tenant remains in possession pending the negotiations , with ...
... Possession of Premises - Holding Over . Where landlord and tenant are negotiating for a new lease for farm land at the time of the expiration of the original lease , and the tenant remains in possession pending the negotiations , with ...
Page 57
... possession of said premises as tenant on or about the 1st day of January , 1907 , under a written lease for a period of one year ; that at the end of the year 1907 the defendant , with the assent of the plaintiff , held over in possession ...
... possession of said premises as tenant on or about the 1st day of January , 1907 , under a written lease for a period of one year ; that at the end of the year 1907 the defendant , with the assent of the plaintiff , held over in possession ...
Page 58
... possession with the understanding , or by acquiescence , of the landlord , pending such negotiations , the landlord cannot treat him as a tenant hold- ing over under the old term . In this case the defendant in his answer charged that ...
... possession with the understanding , or by acquiescence , of the landlord , pending such negotiations , the landlord cannot treat him as a tenant hold- ing over under the old term . In this case the defendant in his answer charged that ...
Page 60
... possession pending the negotiations , with the express or tacit consent of the landlord , the landlord is estopped from treating the tenant as holding over for another term on the conditions prescribed in the original lease , but the ...
... possession pending the negotiations , with the express or tacit consent of the landlord , the landlord is estopped from treating the tenant as holding over for another term on the conditions prescribed in the original lease , but the ...
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Common terms and phrases
20 Okla affirmed agent alleged allotment allottee amount answer Apache State Bank appeal assigned attorney authority Bank bond case-made cause of action Choctaw City claim Comp Constitution contract counsel county court court erred damages debt deceased deed defendant brings error defendant in error defendant's demurrer district court Error from District evidence execution fact fendant Five Civilized Tribes fraud Garvin County held Indian Territory instructions issue Judge Judgment for plaintiff jurisdiction jury justice Kelley land lease liable March 19 McIntosh county ment mortgage motion Muskogee County negligence Oklahoma Oklahoma County Opinion Filed overruled paid parties payment person petition plaintiff in error pleadings possession Pottawatomie County purchase question reason record recover refused rendered replevin rule statute suit Supreme Court sustained Syllabus testimony thereof tiff tion trial court verdict void
Popular passages
Page 622 - ... transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory...
Page 404 - 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 126 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 742 - ... in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose...
Page 276 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 440 - The principle of equity that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it, is entirely too broad in its scope to be invoked in this character of action.
Page 152 - 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 798 - A statement of the facts constituting the cause of action, in ordinary and concise language, and without repetition.
Page 402 - Every mechanic, builder, artisan, workman, laborer, or other person, who shall do or perform any work or labor upon, or furnish any materials, machinery, or fixtures, for any building, erection, or other improvement upon land...
Page 126 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.