Badger Lumber Co. v. Rhoades
Supreme Court of Oklahoma
Error from District Court, Comanche County; J. T. Johnson, Judge. Action by tbe Badger Lumber Company against "W. H. Rhoades and T. Ii. Dunn and another, garnishees. From an order vacating a judgment rendered against the garnishees, plaintiff brings error. -Citing A. J. Hanoi Hardware Co. v. Klippert et al.
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Error from District Court, Comanche County; J. T. Johnson, Judge. Action by tbe Badger Lumber Company against "W. H. Rhoades and T. Ii. Dunn and another, garnishees. From an order vacating a judgment rendered against the garnishees, plaintiff brings error. -Citing A. J. Hanoi Hardware Co. v. Klippert et al. (Kan.) 74 Pac. 254. Citing: McAdams v. Latham, 21 Olda. 511; Hemme v. School Disí., 30 Kan. 377; Wilson v. Hillyer (Kan.) 31 Pac. 1064; Demis v. Lilly (Olda.) 87 Pac. 302; 23 Oye. 901; 17 A. & E. Ene. L. 813.
1Opinion of the CourtKane, J.
Originally this was an action by the Badger Lumber Company against W. H. Rhoades, on a promissory note. Rhoades was duly served with summons, but never filed any pleadings nor made any appearance in the cause. On the day the action was filed, summons in garnishment was issued and served upon T. H. Dunn and the Lawton National Bank. Mr. Dunn answered as follows:
“T. H. Dunn, being duly sworn, does on oath depose and say that he is the garnishee in the above-entitled action. Affiant further says that, at the time of the service of summons in garnishment in the above-entitled- action, he was not…
2Cases cited3 opinions
- McAdams v. LathamSupreme Court of Oklahoma · 1908
- Hemme v. School District No. 4Supreme Court of Kansas · 1883
- Brooks v. FieldsSupreme Court of Oklahoma · 1910
3Cited by3 opinions
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Wallace v. DukeSupreme Court of Oklahoma · 1914
- O'Neil Engineering Co. v. City of LehighSupreme Court of Oklahoma · 1919