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 8
... rule of law in such cases . There is a universal and unvarying rule of law that the burden is upon the plaintiff to allege and establish the facts upon Opinion of the Court . which he relies for recovery 8 Co SUPREME COURT OF OKLAHOMA .
... rule of law in such cases . There is a universal and unvarying rule of law that the burden is upon the plaintiff to allege and establish the facts upon Opinion of the Court . which he relies for recovery 8 Co SUPREME COURT OF OKLAHOMA .
Page 9
... rule ; but in such cases , while the rule appears to be changed , and while there seems to be a modification or exception , yet , when the constituent facts of the entire case are separated and analyzed and the governing principle ...
... rule ; but in such cases , while the rule appears to be changed , and while there seems to be a modification or exception , yet , when the constituent facts of the entire case are separated and analyzed and the governing principle ...
Page 13
... rule announced herein , and are in harmony with the decided weight of authorities , both text - books and decisions . The next question suggesting itself is whether the petition . contains a misjoinder of causes of action . Manifestly ...
... rule announced herein , and are in harmony with the decided weight of authorities , both text - books and decisions . The next question suggesting itself is whether the petition . contains a misjoinder of causes of action . Manifestly ...
Page 15
... rules less liberal than those which have long prevailed in courts of equity . " We cannot concur in this view of the distinguished jurist . When reduced to its essence , it simply means that the Legisla- ture intended to leave all ...
... rules less liberal than those which have long prevailed in courts of equity . " We cannot concur in this view of the distinguished jurist . When reduced to its essence , it simply means that the Legisla- ture intended to leave all ...
Page 16
... rules of procedure than would be experienced in the trial of the cause before a justice of the peace . A simple , informal system of pleading became an essential part of this scheme , as well for the protection of the court as the ...
... rules of procedure than would be experienced in the trial of the cause before a justice of the peace . A simple , informal system of pleading became an essential part of this scheme , as well for the protection of the court as the ...
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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.