Legal Opinion
Owens v. Luckett
Supreme Court of Oklahoma
Decided July 6, 1943No. 30158PublishedCited by 19 opinions
1Opinion of the CourtWelch, J.
Plaintiff commenced this action nearly two years after expiration of the limitation period for such an action under 12 O. S. 1941 § 1053. To toll the statute of limitations she alleged in her petition in detail that in another court she had filed a timely suit on this cause of action, and after issue there joined, but before trial, she had voluntarily dismissed the former action, thereafter commencing this action within the time allowed by 12 O. S. 1941 § 100.
Since otherwise the petition would have shown the cause to be barred, it was proper and necessary for plaintiff to allege facts to toll…
2Cases cited12 opinions
- Owens v. ClarkSupreme Court of Oklahoma · 1931
- Fibikowski v. FibikowskiSupreme Court of Oklahoma · 1939
- Jolly v. Fidelity Union Trust Co.Texas Supreme Court · 1928
- Muskogee Electric Traction Co. v. RichardsSupreme Court of Oklahoma · 1923
- Martin v. GassertSupreme Court of Oklahoma · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chamberlin v. ChamberlinSupreme Court of Oklahoma · 1986
- Frey v. Independence Fire & Casualty Co.Supreme Court of Oklahoma · 1985
- Eckel v. AdairSupreme Court of Oklahoma · 1984
- State v. PiggSupreme Court of Oklahoma · 2016
- Lucas v. Independent Public School District Number 35 of HoldenvilleSupreme Court of Oklahoma · 1983
14 more not listed; retrieve them via the Exa API.