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

Supreme Court of Oklahoma

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

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

CourtSupreme Court of Oklahoma

DecidedMarch 21, 1911

Docket153

StatusPublished

Cited by2 cases

This text of 1911 OK 80 (Chicago, R.I. P. Ry. Co. v. Phelps, Judge) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chicago, R.I. P. Ry. Co. v. Phelps, Judge, 1911 OK 80, 114 P. 695, 28 Okla. 333, 1911 Okla. LEXIS 102 (Okla. 1911).

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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 *334 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.

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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 *334 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.

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1911 OK 80, 114 P. 695, 28 Okla. 333, 1911 Okla. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-ri-p-ry-co-v-phelps-judge-okla-1911.

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