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Chicago Building & Manufacturing Co. v. Kirby

The Chicago Building and Manufacturing Company v. F. P. Kirby

Chicago Bldg. & Mfg. Co. v. Kirby, 1901 OK 6, 63 P. 966
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
February 8, 1901
Judges
Burwell, Burford
Citations
63 P. 9661901 OK 610 Okla. 7301901 Okla. LEXIS 65
Syllabus
1. Change of Venue — Justice's Court. A. change, of venue win not lie from a justice of the peace to a probate court or from a -probate court to a justice of the peace in .a civil action, even though the amount involved is within the jurisdiction of a justice of the peace. 2. Jurisdiction — Special Appearance,Not Waived By a General. Appearance, When' Where a court has no jurisdiction over the part cuiar cause or of the person of the defendant, and the defendant appears specially for the purpose of calling the attention of the court to such .irregularities, and the court thereupon overruled his motion to such jurisdiction, he may save his exception, lile his answer and proceed to trial without waiving such error; and he may tahei advantage of such error on appeal to a higher court. (Syllabus by the Court.)
Summary
Error from the District Court of Payne County j before John E. Burford, District Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Burwell

Opinion of the court by Burwell, J.:

The facts in this case are identical with those in the case of the Chicago Building & Manufacturing Company v. Pewthers.

That case was commenced before the same justice, change of venue taken to the same probate court. The judgments in the probate and district courts are the same in both cases, and the appeal taken in the same manner. And for the reasons stated in that case, the judgment of the district court of Payne county in this case is hereby affirmed at the cost of the appellant.

It is so ordered; and the district court of Payne county is "jhereby directed to return all of the papers certified to that court by the probate court of said county, with directions to that court to return the original papers from the justice’s court to said justice.

Burford, C. J., having presided in the court below, not sitting; all of the other Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1911: 11914: 11915: 11916: 21923: 11924: 21928: 11935: 119112026peak 1916 · 2

Relies on it most ⓘ

  1. Gulf Pipe Line Co. v. Vanderberg1911 OK 158, 115 P. 782
  2. Clem Oil Co. v. Oliver1924 OK 1165, 232 P. 942
  3. Commonwealth Cotton Oil Co. v. Hudson1916 OK 21, 161 P. 535
  4. Wm. Cameron & Co. v. Consolidated School Dist. No. 11914 OK 454, 143 P. 182
  5. Shuffeldt v. Jefcoat1915 OK 581, 151 P. 595
  6. Grady v. Rice1923 OK 1033, 224 P. 321

Most recent

  1. Kansas, Okla. & Gulf Ry. Co. v. Martin1935 OK 1047, 51 P.2d 577
  2. Chicago, R. I. & P. Ry. Co. v. Warren1928 OK 260, 269 P. 368
  3. Clem Oil Co. v. Oliver1924 OK 1165, 232 P. 942
  4. Tuloma Oil Co. v. Johantgen1924 OK 994, 230 P. 264
  5. Grady v. Rice1923 OK 1033, 224 P. 321
  6. Lausten v. Lausten1916 OK 71, 154 P. 1182

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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