Miller Co. v. Melone
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. H. Bur ford, Trial Judge. STATEMENT OE FACTS. The complaint in this case was filed by John G. Miller et al., on the 23rd day of February, 1892, It is alleged that Drury L. Melone and Baker H. Melone, were partners, doing business as Melone Brothers, at Gutbrie, Oklahoma Territory.
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Error from the District Court of Logan County; before Jno. H. Bur ford, Trial Judge. STATEMENT OE FACTS. The complaint in this case was filed by John G. Miller et al., on the 23rd day of February, 1892, It is alleged that Drury L. Melone and Baker H. Melone, were partners, doing business as Melone Brothers, at Gutbrie, Oklahoma Territory. That E. T. Patton and A. R. Brooks, are and were partners, doing business in the firm name and style of E. T. Patton & Company; that the National Bank of Guthrie is a corporation, duly and legally organized under the laws of the United States, and that Louis…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The only question involved in this appeal, and the one upon which the case turned in the district court, and upon which this appeal depends is, did the judgment against Melone Brothers, on which the last execution was issued, as shown by the record, in 1892, become dormant during the pendency of the present action? And if ■so, does this defeat this suit ?
Plaintiffs in error allege that this is not a statutory •supplemental proceeding, but is an independent creditor’s suit. It seems to us that an inspection of the pleadings will clearly demonstrate that this…
2Cases cited21 opinions
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- Bagley v. WardCalifornia Supreme Court · 1869
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- Boyle v. MaroneySupreme Court of Iowa · 1887
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3Cited by18 opinions
- Hoehn v. CrewsCourt of Appeals for the Tenth Circuit · 1944
- Rucks-Brandt Construction Corp. v. SilverSupreme Court of Oklahoma · 1944
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- Thomos v. MurraySupreme Court of Oklahoma · 1935
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