Page v. Geiser Manufacturing Co.
Supreme Court of Oklahoma
Error from the District Court of Grant County; before James K. Beauchamp. Trial Judge. STATEMENT OE FACTS. This action was brought to recover on a promissory note in the probate court of Grant county, Oklahoma Territory, and from there appealed to the district court of said county.
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Error from the District Court of Grant County; before James K. Beauchamp. Trial Judge. STATEMENT OE FACTS. This action was brought to recover on a promissory note in the probate court of Grant county, Oklahoma Territory, and from there appealed to the district court of said county. The note sued upon, is in words and figures, as' follows-. “$75.00 Pond Creek, Oklahoma, June 3, 1903. “September 1st, after date, for value received, I promise to pay to the order of S. L. Johnson, Seventy Five Dollars ($75.00), at the Walton Bank in Pond Creek, Oklahoma with interest at 12 per cent per annum,…
1Opinion of the Court
Opinion of the court by
Garber, J:
In determining the motion for judgment on the pleadings plaintiff in error, in the absence of mistake, is bound by the admissions made in his original answer, which must be considered and treated as admitted facts in the case.
“Where a party to an action makes solemn admission against his interests in a pleading, in the absence of mistakes on his part or on the part of his counsel who inserted them in such pleading, a court, in passing upon the sufficiency of a subsequent amended pleading, filed by him, should take such admission into consideration and treat…
2Cases cited9 opinions
- Ehrsam v. BrownSupreme Court of Kansas · 1902
- The Lane Implement Co. v. Lowder and ManningSupreme Court of Oklahoma · 1901
- Doughty v. FunkSupreme Court of Oklahoma · 1905
- Thisler v. MackeySupreme Court of Kansas · 1902
- Trice v. YoemanSupreme Court of Kansas · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Investors Royalty Co. v. LewisSupreme Court of Oklahoma · 1939
- Clark v. Slick Oil Co.Supreme Court of Oklahoma · 1922
- Raymer v. Comley Lumber Co.Supreme Court of Oklahoma · 1934
- Nolan v. MathisSupreme Court of Oklahoma · 1928
- Fue v. People's Bank & Trust Co.Supreme Court of Oklahoma · 1916
4 more not listed; retrieve them via the Exa API.