Moore v. Calvert
Supreme Court of Oklahoma
Error from the District Court' of Nolle County; before A. G. C. Bierer, District Judge. Action by A. B. Moore against J. L. Calvert and others. Judgment for defendants. Plaintiff! brings error. STATEMENT OE THE CASE.
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Error from the District Court' of Nolle County; before A. G. C. Bierer, District Judge. Action by A. B. Moore against J. L. Calvert and others. Judgment for defendants. Plaintiff! brings error. STATEMENT OE THE CASE. On June.30, 1897, J. W. Yoemans executed to A. B. Moore a promissory note for the sum of $425, payable f>0 days after date, with 12 per cent interest after maturity, and, to secure said note, on the same day executed to Moore a chattel mortgage on a number of ricks of wheat standing on Ms farm in Noble county. Before the note and mortgage matured, Yoemans delivered possession of…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The plaintiff in error makes serious complaint of the action of the trial court in substituting Calvert, the execution plaintiff, for the sheriff, as defendant in the cause. Our statutes (sections 3914-3917, Statutes 1893) make ample provision for substituí-' ing the execution plaintiff, for whose benefit the sheriff holds chattel®, as defendant in place of such officer, in actions by third persons to replevin the property from the officer. The procedure authorized by the statute seems to have been followed in this cause, and we are unable to see how the…
2Cases cited7 opinions
- Chicago Lumber Co. v. FisherNebraska Supreme Court · 1885
- Reed v. FletcherNebraska Supreme Court · 1888
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
- Keith v. HaggartSupreme Court Of The Territory Of Dakota · 1887
- Cochrane v. RichMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Williamson v. WinninghamSupreme Court of Oklahoma · 1947
- Page v. AtkinsSupreme Court of Oklahoma · 1922
- Edmonston v. SiskCourt of Appeals for the Tenth Circuit · 1946
- Dodder v. MoberlySupreme Court of Oklahoma · 1911
- D. M. Osborne & Co. v. HugheySupreme Court of Oklahoma · 1904
10 more not listed; retrieve them via the Exa API.