Keel v. Jones

1935 OK 860, 50 P.2d 330, 174 Okla. 363, 1935 Okla. LEXIS 1238

• Court: Supreme Court of Oklahoma
• Decided: September 25, 1935
• Docket: No. 23478.
• Status: Published

Opinion

RILEY, J.

This is 'an appeal from a judgment in the sum of $35, interest'and costs. The judgment is based on a jury’s verdict. The epitomized facts are:

On December 7, 1929, Jones impounded five head off cattle found trespassing upon his lands and damaging his, cotton crop. On the same day Jones notified Mrs. Lizzie Keel, as owner of the cattle, but she failed to pay the damages. On the same day, Jones notified, in writing, M. L.' Ferguson, a justice of the peace, to view the premises 'and assess the damages. On the .same day, the justice of the peace notified Lizzie Keel in writing that on Tuesday, December 10th at the hour of 1 p. m., he would view and assess the damages. The damages were so assessed in a lump sum of $33. Before the justice of the peace had filed his '.written assessment in the office of the court clerk, and on the 10th day of December, Lizzie Jones executed and filed with him an appeal bond. The cause proceeded to trial and judgment in the district court.

It 'is urged on appeal that failure to strictly comply with the provisions of sections 3940, 3944, and 3945, C. O. S. 1921, relative to the assessment and recording of damages, in the first instance, rendered the proceedings void.

We find and hold that jurisdiction was obtained in the manner provided by law.

It is contended that evidence adduced on trial in the district court is insufficient to support the verdict arid judgment rendered. We have reviewed the evidence and find it sufficient tot. support the judgment. It is affirmed' and 'judgment is tendered accordingly on the supersedeas bond in favor of defendant in error and against Lizzie Keel, Ida Keel, and L. D. Keel.

McNEILL,. C. J., and BUSBY, PHELPS, and GIBSON, JJ., concur.