Stewart v. Stephens
Stewart v. Stephens
Opinion of the Court
This is an action for injunction brought by Eddie Stephens et al. against A. B. Stewart et al., involving a controversy over a strip of land. The parties are adjoining landowners. A motion to dismiss has been filed for the reason that all of the issues presented by this appeal have heretofore been determined by this court in Stewart v. Stephens, 196 Okla. 527, 166 P. 2d 430, and Youngblood v. Stephens, 201 Okla. 301, 205 P. 2d 279.
The motion to dismiss must be sustained. All three appeals involve the right to possession of a three-foot strip of land in block 7, Berryhart addition to the city of Tulsa, Oklahoma, and also involve the same issues and the same disputed questions of fact ádjudicated by the former cases.
Appeal dismissed.
Reference
- Full Case Name
- STEWART v. STEPHENS
- Status
- Published
- Syllabus
- (Syllabus.) APPEAL AND ERROR — Appeal dismissed where issues heretofore decided. Where, from an examination of the motion to dismiss, the record and the response to said motion to dismiss, it appears that there is no judicial controversy that has not heretofore been determined an appeal will be dismissed.