DocketNumber: No. 1633
Citation Numbers: 110 P. 907, 26 Okla. 861
Judges: TURNER, J.
Filed Date: 7/12/1910
Status: Precedential
Modified Date: 1/13/2023
In Goldsborough et al. v. Hewitt,
On the mandate going down, on motion of Goldsborough, the trial court spread the same of record, but refused to proceed further, it appearing that pending said cause in this court and between the date of its submission and decision, to wit, August 13, 1908, the defendant, Robert Hewitt, had died. This is an original proceeding in mandamus in this court to compel the trial court, among other things, to revive the cause against the heirs of Robert Hewitt, and put plaintiff in possession of the property, which on motion the trial court refused to do. For the reason that plaintiff had an adequate remedy in this court, which he has subsequently pursued, as indicated inGoldsborough v. Hewitt, infra,
All the Justices concur. *Page 862