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Oklahoma City v. McMaster, 196 U.S. 529 (1905)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Oklahoma City v. McMaster, 196 U.S. 529 (1905)
Oklahoma City v. McMaster No. 137 Argued January 18-19, 1905 Decided February 20, 1905 196 U.S. 529
ERROR TO THE SUPREME COURT
OF THE TERRITORY OF OKLAHOMA
Syllabus
The review by this Court of final judgments in civil cases of the Supreme Court of the Territory of Oklahoma is not controlled by the act of 1874 in regard to territorial courts, but by § 9 of the Act of May 2, 1890, 26 Stat. 81, 85, providing the territorial government for Oklahoma, and in an action at law where a jury has been waived the review is by writ of error as in the case of a similar judgment of a circuit court, and not by appeal.
Where no formal judgment has been entered, the plea of res judicata has no foundation; neither the verdict of a jury nor the findings of a court, even though in a prior action, upon the precise point involved in a subsequent action and between the same parties constitutes a bar.
There was no permit for entry of lands in Oklahoma for town sites under the act of 1889 or until the Town Site Act was passed May 14, 1890, and an agreement among a portion of the people who on April 22, 1889, chose lots upon a projected town site did not and could not vest an absolute title in persons selecting lots or make a plat or map of town final or conclusive; but the selectors took their lots subject to changes and conditions that might obtain -- in this case, as to location of streets -- when the township patent was issued to, and a map finally approved by, the township trustees under the Act of May 14, 1890.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Oklahoma City v. McMaster, 196 U.S. 529 (1905) in 196 U.S. 529 196 U.S. 531. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WKNAPV84FRBV97R.
MLA: U.S. Supreme Court. "Syllabus." Oklahoma City v. McMaster, 196 U.S. 529 (1905), in 196 U.S. 529, page 196 U.S. 531. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WKNAPV84FRBV97R.
Harvard: U.S. Supreme Court, 'Syllabus' in Oklahoma City v. McMaster, 196 U.S. 529 (1905). cited in 1905, 196 U.S. 529, pp.196 U.S. 531. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WKNAPV84FRBV97R.
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