Legal Opinion

Spalding v. Enid Cemetery Ass'n

Supreme Court of Oklahoma

Decided October 14, 1919No. 9410PublishedCited by 4 opinions

Error from District Court, Garfield County ; James B. Oullison, Judge. Action toy the Enid Cemetery Association against H. M. Spalding and another. Judgment against Spalding. Upon his death action was revived in the name of Elinor L. Spalding, administratrix, who brings error.

1Opinion of the CourtIvANE, J.

This was an action in the nature of an accounting commenced by the defendant in error, plaintiff below, against H. M. Spalding, E. L. Spalding and J. A. Spalding, as defendants. As no service of summons was ever had upon J. A. Spalding, he dropped out of the case. The findings and judgment below were in favor of E. L, Spalding, and against H. M. Spalding on three of the items claimed. No appeal having been taken from the judgment in favor of E. L. Spalding, the sole remaining defendant was H. M. Spalding. Thereafter H. M. Spald-ing died, whereupon the action was revived ifl the name of Elinor…

2Cases cited4 opinions

  1. National Loan & Investment Co. v. Rockland Co.Court of Appeals for the Eighth Circuit · 1899
  2. Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
  3. Missouri River R. R. v. RichardsSupreme Court of Kansas · 1871
  4. Fields v. Victor Building & Loan Co.Supreme Court of Oklahoma · 1918

3Cited by4 opinions

  1. Gaines v. Gaines Bros. Co.Supreme Court of Oklahoma · 1936
  2. Farmer v. StandevenCourt of Appeals for the Tenth Circuit · 1937
  3. Kirk Oil Co. v. BristowSupreme Court of Oklahoma · 1932
  4. Farmer v. StandevenCourt of Appeals for the Tenth Circuit · 1937

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