Oklahoma City v. McMaster,
Annotate this Case
196 U.S. 529 (1905)
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U.S. Supreme Court
Oklahoma City v. McMaster, 196 U.S. 529 (1905)
Oklahoma City v. McMaster
Argued January 18-19, 1905
Decided February 20, 1905
196 U.S. 529
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.