Tootle v. Kent
Supreme Court of Oklahoma
Error from the District Court of Olclahoma County; before John II. Burford, Trial Judge. STATEMENT OF PACTS. The facts upon which this action is based are substantially as follows: On October 9, 1897, D. 0. Kent, plaintiff in. the court below, Ella F. Brady and J. W. MePhee, defendants in the court below, entered into a co-partnership agreement for the purpose of carrying on and conducting a retail merchandise business in Oklahoma City, Oklahoma, under the firm name and…
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Error from the District Court of Olclahoma County; before John II. Burford, Trial Judge. STATEMENT OF PACTS. The facts upon which this action is based are substantially as follows: On October 9, 1897, D. 0. Kent, plaintiff in. the court below, Ella F. Brady and J. W. MePhee, defendants in the court below, entered into a co-partnership agreement for the purpose of carrying on and conducting a retail merchandise business in Oklahoma City, Oklahoma, under the firm name and style of D. C. Kent & Co. It appears that Kent put into the partnership business a stock of general merchandise, of which he…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The first question to be considered arises on the pleadings. The defendants in the court below de murred to the petition, alleging as one of the grounds there:for that several causes of action were improperly joined. The court overruled the demurrer, and it is contended by plaintiff in error that this was error. In our opinion, this objection is not well founded. Under our code of civil procedure, legal and equitable causes of action may be united in the same peti-i)ion, where they arise out of the same transaction or transactions connected with the subject…
2Cases cited22 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- United States v. BehanSupreme Court of the United States · 1884
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- The Amiable NancySupreme Court of the United States · 1818
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908
- Marcante v. HeinWyoming Supreme Court · 1937
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
- Bokoshe Smokeless Coal Co. v. BraySupreme Court of Oklahoma · 1916
- Wellington v. SpencerSupreme Court of Oklahoma · 1913
20 more not listed; retrieve them via the Exa API.