Ballew v. Young
Supreme Court of Oklahoma
Error from District Court, Custer County; James B. Tolbert, Judge. Action by E. C. Ballew against P. K. Young and another, in which action plaintiff caused an attachment to issue. W. I. Bran-non filed a plea of intervention, and moved to dismiss the attachment, which motion was sustained, and the action dismissed, and plaintiff brings error. This is an action commenced in the district court of Custer county, Oída.
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Error from District Court, Custer County; James B. Tolbert, Judge. Action by E. C. Ballew against P. K. Young and another, in which action plaintiff caused an attachment to issue. W. I. Bran-non filed a plea of intervention, and moved to dismiss the attachment, which motion was sustained, and the action dismissed, and plaintiff brings error. This is an action commenced in the district court of Custer county, Oída. T., on June 27, 1907, by E. C. Ballew, plaintiff in error, against P. 31. Young and Flora Young, defendants in error, for the recovery of the sum of $300, alleged to be due him from…
1Opinion of the CourtHayes, J.
(after stating the facts as above). No trial was had upon the issues of fact made by intervener’s interplea and plaintiff’s answer thereto. The judgment of the court vacating the attachment and dismissing the action was upon intervener’s motion to dissolve and set aside the attachment. The grounds of this motion are stated in general and somewhat indefinite terms. The motion in substance is that intervener moves the court to dismiss and vacate the attachment, for the reason that the court was without jurisdiction of either the persons or property attached. The motion further recites that it…
2Cases cited40 opinions
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3Cited by31 opinions
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