Capps v. Vasey Bros.
Supreme Court of Oklahoma
Error from District Court, Blaine County; M. C. Garber, Judge. Action by Yasey Bros, against T. L. Capps. Judgment for plaintiffs, and defendant brought error to the Supreme Court of the territory of Oklahoma, whence the cause is transferred to the Supreme Court of the state of Oklahoma.
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Error from District Court, Blaine County; M. C. Garber, Judge. Action by Yasey Bros, against T. L. Capps. Judgment for plaintiffs, and defendant brought error to the Supreme Court of the territory of Oklahoma, whence the cause is transferred to the Supreme Court of the state of Oklahoma. On the 20th day of September, A. D. 1905, the defendants in error, as plaintiffs, began their action in the district court of Blaine county, territory of Oklahoma, against the plaintiff in error, as defendant, alleging' that on or about the 1st day of February, A. D. 1904, the plaintiffs had in the care and…
1Opinion of the CourtWilliams, J.
(after stating the facts as-above). The following questions are presented herein for consideration:(1) Was there error in overruling defendant’s demurrer to plaintiffs’ petition?(2) Did the lower court err in its instructions to the jury?
I. It is insisted by plaintiff in error, defendant below, that his demurrer should have been sustained on the ground that the petition did not allege that the note represented an indebtedness then due to the plaintiffs, or that it had been- paid, or that it was valid and would become due. In the case of Harlan et al. v. Brown, 4 Ind. App. 319, 30 N. E. 928,…
2Cases cited3 opinions
- Harlan v. BrownIndiana Court of Appeals · 1892
- First National Bank v. YoemanSupreme Court of Oklahoma · 1907
- Plymouth Cordage Co. v. SmithSupreme Court of Oklahoma · 1907
3Cited by6 opinions
- Bilby v. JonesSupreme Court of Oklahoma · 1913
- Deming Inv. Co. v. ShannonSupreme Court of Oklahoma · 1916
- Jeffers v. HensleySupreme Court of Oklahoma · 1911
- Woods v. Ft. Smith & Western Ry. Co.Supreme Court of Oklahoma · 1923
- FOURTH NATIONAL BANK OF TULSA v. DyerSupreme Court of Oklahoma · 1960
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