Winton v. Myers
Supreme Court of Oklahoma
Appeal from the Probate Court of Kay County; before Robert A. Neff, Probate Judge. Action by J. W. Myers against C. F. Winton and others on bond given to secure discharge of attached property. Judgment for plaintiff, and defendants appeal. STATEMENT OF THE CASE. In March, 1897, J. W. Myers brought an action in the probate court of Kay county against O. F. Winton, and caused a wirit of attachment to issue and' be levied upon the goods and chattels of Winton.
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Appeal from the Probate Court of Kay County; before Robert A. Neff, Probate Judge. Action by J. W. Myers against C. F. Winton and others on bond given to secure discharge of attached property. Judgment for plaintiff, and defendants appeal. STATEMENT OF THE CASE. In March, 1897, J. W. Myers brought an action in the probate court of Kay county against O. F. Winton, and caused a wirit of attachment to issue and' be levied upon the goods and chattels of Winton. Before judgment in the attachment proceedings, the defendant Winton, with the other plaintiffs in error in this cause as ' sureties,…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The plaintiffs in error urge but two objections to tlie rulings of tbe trial court: First, tbat tbe petition of tbe plaintiff does not aver facts sufficient to constitute a cause of action; second, that tbe demurrer ■of tbe defendants to plaintiff’s evidence should have been sustained.
We fail to discover any merit in tbe first contention. It is urged tbat there is no allegation of damages or a breach of tbe condition of the bond. The bond sued on was a statutory bond, and authorized by section 229 of tbe Code of Civil Procedure. Tbe condition of tbe bond…
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