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Oklahoma Reports Volume 43 book
Oklahoma Reports Volume 43 book

Oklahoma Reports Volume 43.cAnonymous
Oklahoma Reports Volume 43
Author: Anonymous
Number of Pages: 330 pages
Published Date: 13 Sep 2013
Publication Country: United States
Language: English
ISBN: 9781236890146
Download Link: Oklahoma Reports Volume 43

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...for new trial was heard and denied? In determining this question we must take into consideration the question as to whether the petition of the defendant the Continental Casualty Company for a new trial and the proceeding thereon in the district court constitute an action or a special proceeding, and whether a motion for a new trial thereof was a necessary prerequisite to a review of such proceeding in this court, provided by statute. And in this connection it will be pertinent to ascertain: (1) Whether or not said petition for a new trial comes within the statutory provision defining a petition as a pleading; (2) whether said petition is a pleading such as is defined and contemplated by the statute; (3) were the proceedings had thereon a "trial" within the meaning of that term as defined by the statute; and (4) did the action of the court denying the prayer of said petition constitute a judgment? "An action is an ordinary proceeding in a court of justice by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong. or the punishment of a public offense." (Section 5536. Comp. Laws 1909 sec. 4641, Rev. Laws 1910.) Opinion of the Court. "Every other remedy is a special proceeding." (Section 5537, Comp. Laws 1909 sec. 4645, Rev. Laws 1910.) The proceeding in the district court was begun under section 5829, Comp. Laws 1909 (sec. 5037, Rev. Laws 1910), which Is as follows: "Where the grounds for a new trial could not, with reasonable diligence, have been discovered before, but are discovered after the term at which the verdict, report of referee or decision was rendered or made, the application may be made by petition, filed as in other...

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