State Ex Rel. Hankins, Co. Atty. v. Holt
Supreme Court of Oklahoma
Error from District Court, Jackson County; Frank Mathezvs, Judge. Action by the State, on the relation of H. L. Hankins, County Attorney of Jackson County, against W. R. Holt and others. Judgment sustaining a demurrer of defendant Payne, and plaintiff brings error.
1Opinion of the Court
Opinion by
HARRISON, C.
This was an action, in the name o’f the state, by the county attorney of Jackson county against W. R. Plolt, as principal, and S. J. Payne and D. B. Wade, as sureties, on a forfeited appearance bond. Summons was issued to all the parties, but served upon S. J. Payne only. Neither Holt nor Wade had any service of summons, nor made any appearance in the court below. Payne appeared and demurred to the petition for failure to state a cause of action, pointing out several specific instances wherein it was defective. On September 2, 1911, the demurrer was sustained, and…
2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Board of County Commissioners v. HarveySupreme Court of Oklahoma · 1897
- Robinson v. Board of CommissionersIndiana Supreme Court · 1871
3Cited by8 opinions
- Rogers, County Treasurer v. Bass Harbour Co.Supreme Court of Oklahoma · 1915
- Pueblo De Taos v. ArchuletaCourt of Appeals for the Tenth Circuit · 1933
- National Surety Co. v. Oklahoma Presbyterian College for GirlsSupreme Court of Oklahoma · 1913
- Tucker v. HudsonSupreme Court of Oklahoma · 1913
- Iowa Land & Trust Co. v. DawsonSupreme Court of Oklahoma · 1913
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