Legal Opinion

Matthews v. Rucker

Supreme Court of Oklahoma

Decided January 22, 1918No. 8398PublishedCited by 19 opinions

Error from District Court, 'Rogers County ; W. J. Campbell, Judge. Action by Wm. D. Matthews, Commissioner of Charities and Corrections in and for the State of Oklahoma, as next friend of Liddy Bateman, an incompetent and defective, against F. M. Rucker and another. Demurrer to petition sustained, and plaintiff brings error.

1Opinion of the CourtOwen, J.

This action was begun by the plaintiff in error, Commissioner of Charities and Corrections, in the district court of Rogers county, to cancel a guardian’s deed, quiet title, and recover possession of real estate belonging to Liddy Bateman, an incompetent and defective. The lower court sustained a demurrer to the petition. This proceeding is to reverse the judgment sustaining the demurrer.

The proceeding presents but one question necessary for determination. Is the petition defective because it fails to (allege that Liddy Bateman is an inmate of a public institution?

It is insisted on the part…

2Cases cited3 opinions

  1. Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
  2. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1917
  3. State v. SnelsonCourt of Criminal Appeals of Oklahoma · 1917

3Cited by19 opinions

  1. Estes v. ConocoPhillips Co.Supreme Court of Oklahoma · 2008
  2. Stump v. CheekSupreme Court of Oklahoma · 2007
  3. Lahoma Oil Co. v. State Industrial CommissionSupreme Court of Oklahoma · 1918
  4. Finerty v. First Nat. Bank of DuncanSupreme Court of Oklahoma · 1923
  5. Board of Equalization of Oklahoma Co. v. First State BankSupreme Court of Oklahoma · 1920

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