Whitaker v. Bruner
Supreme Court of Oklahoma
Kane, Miley, and Rainey. JJ., dissenting. Error from District Court, Creek County; Wadej S. Stanfield, Judge. Action by Charles Whitaker against Joseph Bruner and’ H. 0. Miller. Judgment against Bruner and in favor of Miller, and Whitaker brings error.
1Opinion of the CourtSharp, C. J.
The petition in this case attempted to declare upon a promissory note against Joseph Bruner, maker, and H. -O. Miller, indorser. It is very defective notwithstanding the effort made to amend. If the case stood in this court upon the sufficiency of th^ petition alone we would without hesitation affirm the judgment of the trial court. In view, however, of the somewhat unusual situation presented by the record. wej are of the opinion that the case should be reversed for the following reasons: Defendants Bruner and Miller filed separate answers and werej represented in the trial court by…
2Cases cited2 opinions
- Grimes v. TaitSupreme Court of Oklahoma · 1908
- Shaffer v. GovreauSupreme Court of Oklahoma · 1912
3Cited by1 opinion
- Verser v. Sterling Oil & Refining Co.Supreme Court of Oklahoma · 1928