Reports of Cases Argued and Determined in the Supreme Court of the Territory of Oklahoma, Volume 34Oklahoma. 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 |
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Page 6
... petition herein alleges that the loss of the piano , valued at $ 400 . was caused by defendant's negligence in failing to have the piano insured for this amount , as he had agreed to do , and by his negligence , which caused the fire in ...
... petition herein alleges that the loss of the piano , valued at $ 400 . was caused by defendant's negligence in failing to have the piano insured for this amount , as he had agreed to do , and by his negligence , which caused the fire in ...
Page 7
... petition more definite and certain by stating in what defendant's acts of negligence consisted . This motion being overruled and exceptions saved , the defendant thereupon an- swered by general denial of the allegations in the petition ...
... petition more definite and certain by stating in what defendant's acts of negligence consisted . This motion being overruled and exceptions saved , the defendant thereupon an- swered by general denial of the allegations in the petition ...
Page 8
... petition . However , it seems to have been treated as an amendment , and the court permitted testi- mony in support of same . Both parties introduced testimony , and at the close thereof the cause was submitted to the jury un- der the ...
... petition . However , it seems to have been treated as an amendment , and the court permitted testi- mony in support of same . Both parties introduced testimony , and at the close thereof the cause was submitted to the jury un- der the ...
Page 13
... petition . contains a misjoinder of causes of action . Manifestly there was an attempt to state two causes of action . The case was tried on this theory . One on a contract to have the piano insured , the other for negligence in a ...
... petition . contains a misjoinder of causes of action . Manifestly there was an attempt to state two causes of action . The case was tried on this theory . One on a contract to have the piano insured , the other for negligence in a ...
Page 22
... petition . In the case at bar , there are two distinct wrongs alleged , or attempted to be alleged . One a failure to fulfill a contract to have the piano insured ; the other a negligence in the burning of the piano . Each separate ...
... petition . In the case at bar , there are two distinct wrongs alleged , or attempted to be alleged . One a failure to fulfill a contract to have the piano insured ; the other a negligence in the burning of the piano . Each separate ...
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Common terms and phrases
28 Okla affirmed agent alleged allotment allottee amount appeal assignment August 20 authority Bank Barnett bond case-made cause of action claim Coal County Comp Constitution contract county court Creek Cumberland Presbyterian Church damages deceased deed defendant in error defendant's demurrer district court duty election Error from District et ux evidence execution fact fendant Five Civilized Tribes follows garnishee Guthrie held Indian Territory injury interest issued Judge Judgment for plaintiff jurisdiction jury justice land liability lien loan marriage ment motion negligence Oklahoma Opinion Filed overruled party person petition plaintiff in error pleadings possession Presbyterian Church proceedings purchase question railroad reason record refused rendered replevin reversed rule statute supra Supreme Court sureties sustained Syllabus testimony thereof tiff tion trial court Tulsa county verdict void Western Union
Popular passages
Page 626 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 751 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement endorsed hereon or added hereto...
Page 627 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions 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...
Page 757 - State, taking the same view, provided in their constitution (Art. 25, § 2) that "all laws in force in the Territory of Oklahoma at the time of the admission of the State into the Union, which...
Page 625 - If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon...
Page 467 - The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the -Company for transmission.
Page 752 - for the protection of the people of the Indian Territory, and for other purposes," it is having a salutary effect upon the nations composing the Five Tribes.
Page 664 - ... shall be presumed to be fraudulent and void, as against the creditors of the vendor or...
Page 626 - ... of said property since the issuing of this policy; by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of fire; and shall furnish, if required, verified plans and specifications of any building, fixtures, or machinery destroyed or damaged...
Page 513 - These angels and men, thus predestinated and foreordained, are particularly and unchangeably designed ; and their number is so certain and definite, that it cannot be either increased or diminished.