Central Loan & Trust Co. v. Campbell Commission Co.
Supreme Court of Oklahoma
Error from the District Court of Noble County. STATEMENT OK FACTS. On July 2, 1895, plaintiff in error commenced an action in the district court of Noble county, on a certain promissory note given by defendant in error, on September 1, 1894, due two years after date, for the sum of $15,000 with interest at 8 per cent., which note had been duly transferred to plaintiff in error, in the usual course of business. The note, at the commencement of the action, had not become due.
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Error from the District Court of Noble County. STATEMENT OK FACTS. On July 2, 1895, plaintiff in error commenced an action in the district court of Noble county, on a certain promissory note given by defendant in error, on September 1, 1894, due two years after date, for the sum of $15,000 with interest at 8 per cent., which note had been duly transferred to plaintiff in error, in the usual course of business. The note, at the commencement of the action, had not become due. Plaintiff asked judgment in accordance with the terms of the note and that attachment issue against the property of the…
1Opinion of the Court
The opinion of the court was delivered by
TáRSNEY, J.:
Two questions are presented by this record. First, was the court below without jurisdiction and were its proceedings void on account of the order of attachment having been granted by the probate judge ? And, second, if the probate judge had jurisdiction to order the attachment- to issue, had the district court acquired jurisdiction to hear and determine the cause under the proceedings had therein, prior to the order of dismissal ?
Sections 4120 and 4121, Statutes of 1893, relating to civil procedure are as follows:
“Seo. 4120. Where a debtor…
2Cases cited14 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Perris v. HigleySupreme Court of the United States · 1874
- Bradshaw v. WarnerIndiana Supreme Court · 1876
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- In re JohnsonSupreme Court of Kansas · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- Anderson v. Oklahoma Moline Plow Co.Court of Appeals for the Eighth Circuit · 1917
- Morris v. AllenCalifornia Court of Appeal · 1911
- Jacobs v. ColcordSupreme Court of Oklahoma · 1929
10 more not listed; retrieve them via the Exa API.