Irwin v. Walling
Supreme Court of Oklahoma
Error from Probate Court of Garfield County. January 30, 1894, A. E. Walling instituted an action of replevin in the probate court of Grarfield, then “ O ” county, against W. M. Irwin to recover certain personal property, and obtained judgment. To reverse the case Irwin appealed to this court. The opinion states the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Dale, C. J.:
A. E. Walling commenced an action of replevin in the probate court of Grarfield county, to recover possession of personal property levied upon by W. M. Irwin, as constable, at the instance of certain execution creditors of Walling. In his affidavit, filed as the basis of his action, Walling alleged that the property seized by Irwin was exempt by law from being so taken. Irwin’s answer contained three paragraphs, in substance-as follows: The first alleged that he was a constable and seized the property by virtue of an execution lawfully…
2Cases cited1 opinion
- Reynolds v. ReynoldsSupreme Court of Kansas · 1883
3Cited by6 opinions
- Laurie v. Crouch Et Ux.Supreme Court of Oklahoma · 1914
- Mann v. RidenhourSupreme Court of Oklahoma · 1915
- Mozley v. ColemanSupreme Court of Oklahoma · 1923
- Taylor v. Smith, SheriffSupreme Court of Oklahoma · 1914
- Cook v. CarterSupreme Court of Oklahoma · 1916
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