The Oklahoma Law Journal, Volume 10Dennis, 1911 |
From inside the book
Results 1-5 of 73
Page 5
... DECISIONS OF THE D. H. F. SUPREME COURT OF OKLAHOMA . J. W. HOLMES , Plaintiff in Error . VS. F. A. EVANS , Defendant in Error . ( Rendered July 11th , 1911. ) No. 968 . Error from the District Court of Roger Mills County . G. A. Brown ...
... DECISIONS OF THE D. H. F. SUPREME COURT OF OKLAHOMA . J. W. HOLMES , Plaintiff in Error . VS. F. A. EVANS , Defendant in Error . ( Rendered July 11th , 1911. ) No. 968 . Error from the District Court of Roger Mills County . G. A. Brown ...
Page 19
... would attack a patent or decision of the department for a mistake of fact , must plead and prove the evidence before the department from which the mis- take resulted , the particular mistake that was made , THE OKLAHOMA LAW JOURNAL 19.
... would attack a patent or decision of the department for a mistake of fact , must plead and prove the evidence before the department from which the mis- take resulted , the particular mistake that was made , THE OKLAHOMA LAW JOURNAL 19.
Page 20
... decision would have been otherwise , and the patent would not have been issued to the pat- entee , before any court can enter upon the considera- tion of the original issue of fact determined by the De- partment . 3. Allotments of lands ...
... decision would have been otherwise , and the patent would not have been issued to the pat- entee , before any court can enter upon the considera- tion of the original issue of fact determined by the De- partment . 3. Allotments of lands ...
Page 35
... decision is wrong . It is not enough that he succeeds in mystifying it by adopting language which subjects the judge to the sus- picion that he did not understand the safest ground on which to place it . " 34 Barb . 358. In order to ...
... decision is wrong . It is not enough that he succeeds in mystifying it by adopting language which subjects the judge to the sus- picion that he did not understand the safest ground on which to place it . " 34 Barb . 358. In order to ...
Page 36
... have been free from prejudice will not be set aside in this court on the ground that it is not supported by sufficient evidence and is excessive . CURRENT DECISIONS OF THE SUPREME COURT OF OKLAHOMA . PIONEER 36 THE OKLAHOMA LAW JOURNAL.
... have been free from prejudice will not be set aside in this court on the ground that it is not supported by sufficient evidence and is excessive . CURRENT DECISIONS OF THE SUPREME COURT OF OKLAHOMA . PIONEER 36 THE OKLAHOMA LAW JOURNAL.
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Popular passages
Page 168 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 142 - ... to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness: Provided.
Page 215 - For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe...
Page 167 - This entire policy, unless- otherwise provided by agreement indorsed hereon or added hereto, shall be void if the interest of the insured in the property be not truly stated herein, or if the interest of the insured be other than unconditional and sole ownership, or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 17 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Page 143 - ... before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same.
Page 241 - 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 142 - ... year, without the assent of threefifths of the voters thereof, voting at an election to be held for that purpose...
Page 12 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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, or by inserting other allegations material to the case...
Page 158 - Water and oil, and still more strongly gas, may be classed by themselves, if the analogy be not too fanciful, as minerals ferae naturae. In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their 'fugitive and wandering existence within the limits of a particular tract is uncertain,' as said by Chief Justice Agnew in Brown v.