Supreme Court of Oklahoma, 1908

Choctaw, O. G. R. Co. v. Sittel

Choctaw, O. G. R. Co. v. Sittel
Supreme Court of Oklahoma · Decided July 23, 1908 · Williams, Dunn, Turner, Hayes, Kane
97 P. 362; 21 Okla. 679; 1908 OK 150; 1908 Okla. LEXIS 166

Counsel

Blake, Blake Low and Thos. R. Beman, for plaintiff in. error. S. A. Wilkinson, for defendants in error.

Choctaw, O. G. R. Co. v. Sittel

Opinion of the Court

*683 Williams, C. J.

(after stating the facts as above). The same question is involved in this case as was recently decided by this court in the case of Choctaw, Oklahoma & Gulf Railroad Company v. Burgess, ante, p. 110 95 Pac. 60S. The facts in this case are identical with those in that case, wherein it was held that the plaintiff in error, as a matter of law, under the record in that case, consented for this court to take jurisdiction of said cause, and when jurisdiction had been acquired under such circumstances it-became complete, and that the plaintiff in error was bound by the same, and could not thereafter be heard to reverse its election. Under the authority of that ease, and the authorities therein cited, the motion to transfer is denied.

Dunn, Turner, and Hayes, JJ., concur: Kane, J., dissents.

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