Cheek v. Cicero Smith Lbr. Co.

In the trial court, defendant in error, Cicero Smith Lumber Company, was plaintiff, and Roy Cheek, plaintiff in error, was defendant. The parties will be referred to herein as they appeared in the trial court.

Plaintiff’s action against defendant is to recover a money judgment on a promissory note executed by defendant and payable to plaintiff.

In addition to the usual allegations stating the cause of action, there is alleged in plaintiff’s petition that the note had been assessed for taxation and that the taxes levied thereon had been paid, which allegations are required by 68 O.S. 1941 §1515.…