Legal Opinion

House v. Scanlan

Supreme Court of Oklahoma

Decided October 15, 1912No. 2175PublishedCited by 7 opinions

Error from Creek County Court; Josiah G. Davis, Judge. Action by Dennis E. Scanlan against R. S. House, as garnishee. Judgment for plaintiff, and the garnishee brings error.

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Error from Creek County Court; Josiah G. Davis, Judge. Action by Dennis E. Scanlan against R. S. House, as garnishee. Judgment for plaintiff, and the garnishee brings error. On May 11, 1909, a judgment was rendered in the county court of Creek county in favor of Dennis F. Scanlan and against Henry Jackson and R. B. Broyles in the sum of $242.67. On July 6, 1909, Dennis F. Scanlan assigned said judgment to B. K. Scanlan, said assignment being duly recorded in the county court, where the judgment was rendered. On October 6, 1909, Dennis F. Scanlan, for and on behalf of B. K. Scanlan, filed an…

1Opinion of the Court

Opinion by

ROBERTSON, C.

(after stating the facts as above). The first assignment of error presents the question: Under our statute, when a garnishee appears and answers, and no issue, as provided by law, is taken on said answer, is not said answer conclusive as to the matters therein stated, and does not the issue raised by the pleadings thereby become res adjudicata as between the parties? In Central Loan & Trust Co. v. Campbell Com. Co., 5 Okla. 396, 49 Pac. 48, this court, in discussing this proposition, said:

“No notice having been given to the garnishee by the plaintiff of his intention to…

2Cases cited2 opinions

  1. Central Loan & Trust Co. v. Campbell Commission Co.Supreme Court of Oklahoma · 1897
  2. Davis v. LillySupreme Court of Oklahoma · 1906

3Cited by7 opinions

  1. London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
  2. Moral Insurance Co. v. StevesSupreme Court of Oklahoma · 1953
  3. Educators Automobile Insurance Co. v. JonesSupreme Court of Oklahoma · 1967
  4. Mason v. MillerSupreme Court of Oklahoma · 1915
  5. White v. WhiteSupreme Court of Oklahoma · 1928

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