Sec. 821. The issues on appeal to the county court. The party against whom a judgment is rendered in a forcible entry and detainer action is not entitled to a new trial by the same court as a matter of right; and on appeal to the county court, every portion of plaintiff's cause of action which was put in issue in the justice court, will remain in issue, although defendants do not file an answer, or new or amended pleadings.36 Sec. 822. Execution-Form provided by statute. Where a judgment of restitution is entered by the justice, he must, at the request of the plaintiff, his agent or attorney, issue a writ of execution thereon, which shall be in the following form, as near as practicable: State of Oklahoma, County, ss.: The State of Oklahoma to any Constable in County: WHEREAS, in a certain action for the forcible entry and detention (or for the forcible detention, as the case may be) of the following described premises, to-wit: -, lately tried before was defendant, a day of A. D. judgment was rendered on the 19, that the plaintiff have restitution of said premises; also that he recover costs in the sum of $ -; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises, and said plaintiff to have restitution of the same; also that you levy of the goods and chattels of said defendant to make the costs aforesaid, and all accruing costs, and of this writ, make legal service and due return. WITNESS my hand this 36 Geter v. Ulerich, 28 Okla. 10, 113 Pac. 713. 37 Snyder, 6,440; Wilson, 5,098; Kansas, 5,026 (1889); Nebraska, day of, A. D. 19—. 1,974 (1907); Lipp v. Hunt, 45 N. W. 685. Sec. 823. Stay of proceedings. The officer must, within ten days after receiving this writ, execute the same by restoring the plaintiff to the possession of the premises, and must levy and collect the costs and make the return as upon other executions. If the officer shall receive a notice from the justice that the proceedings have been stayed by proceedings in error, he must immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he must immediately place the defendant in possession thereof, and return the writ with his proceedings and costs taxed thereon.3s Sec. 824. Form for notice to vacate. To Gentlemen:-This is to notify you to vacate the following described real estate in County, State of Oklahoma, to-wit: (Here describe real estate to be vacated.) Your compliance with this notice within days after same has been served upon you will prevent legal measures being taken by me to get possession thereof. Comes now COMPLAINT IN FORCIBLE ENTRY AND DETAINER. -, who, being first duly sworn, on oath, says that is the of, and entitled to the immediate possession of the following described premises, situated in Affiant day County, Oklahoma, to-wit: (Here describe premises.) further says that defendant has at all times since the of, 19, and does now, unlawfully and forcibly detain the possession of said premises from said plaintiff. WHEREFORE, plaintiff prays restitution of the possession thereof, and judgment against said defendant for costs. Sworn to and subscribed before me this 19-. day of Justice of the Peace. Sec. 826. Form for complaint for peaceable entry and forcible Personally appeared before me, the undersigned, being by me duly sworn, deposes and says: that on the who, day of 19, he was in the possession of the following County, State of Okla homa, to-wit: (Here describe premises the possession of which day by the statute, to vacate said premises; that on the of 19, and ever since, said defendant has, and still does, unlawfully and forcibly detain said premises from that said was then, and has ever since been, and now is, entitled to the possession of said premises. ; WHEREFORE, this affiant prays restitution of said premises, and judgment for the costs of this action. Subscribed and sworn to before me this day of 19 Justice of the Peace. Sec. 827. Form for complaint against occupier of lands with County, State of Oklahoma, personally appeared who, being by me first duly sworn, deposes and says: 19-, he was in the actual day of that on the County, in the State of Oklahoma, to-wit: (Here describe premises possession of which is sought); that on the 19-, day of without any color of title, settled and located upon and occupied the aforesaid real estate; that on the -, 19—, said notified said day by notice in of writing, as required by statute, to vacate said real estate; that said since has, and still does, unlawfully and forcibly detain and hold did, on said day of and that said 19—, and ever said premises from was then, and has ever since been, and still is, entitled to the possession of said real estate. WHEREFORE, affiant prays judgment for the possession of said real estate and for the costs of this action. Subscribed in my presence and sworn to before me this the possession of the following described real estate, in County, State of Oklahoma, to-wit: (Here describe premises, possession of which is sought); that on said day of defendants, were in the tenements; that on the notified said in writing, to quit and vacate said premises, as required by law; that said 19, and ever since have, and still do, unlawfully and forcibly detain said premises from them, the said said were, on the said day of ; that day of 19, and ever since have been, and still are, entitled to the possession of said lands and tenements. WHEREFORE, plaintiffs pray that they may have judgment for the restitution of said lands above herein described, and for such other and further relief as the nature of the case may require. Attorney for Plaintiffs. |