Chicago, R.I. P. Ry. Co. v. Phelps, Judge

1911 OK 80, 114 P. 695, 28 Okla. 333, 1911 Okla. LEXIS 102

Opinion

KANE, J.

Upon the question of the right of appeal, this case is identical with St. L. & S. F. R. R. Co. v. A. H. Couch, Justice of the Peace of Dicks Township, Woods County, Okla. T. (handed down this term), ante, 114 Pac. 694. On the authority of that case, this must be reversed and remanded with directions to proceed in accordance with the opinion in that case. It appears from the record, however, that an attorney's fee was taxed as part of the costs in this case. If under the authority of C., R. I. & P. Ry. Co. v. Mashore, 21 Okla. 275, 96 Pac. 630, the same was improperly taxed, that question may be properly raised by a motion to retax the costs.

DUNN and HAYES, JJ., concur; TURNER. U J., and WILLIAMS, J., dissent.