Legal Opinion

Young v. Severy

Supreme Court of Oklahoma

Decided June 15, 1897PublishedCited by 9 opinions

Error from, the District Court of Canadian County. STATEMENT OE EAOTS. This action was commenced by C. L. Severy, as assignee of S. W. Sawyer, in the district court of Canadian county, on the 16th day of October, 1894, by filing therein his petition which, omitting the prayer, is as follows: “Territory of Oklahoma, County of Canadian, “ In the district court in and for said county and territory.

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Error from, the District Court of Canadian County. STATEMENT OE EAOTS. This action was commenced by C. L. Severy, as assignee of S. W. Sawyer, in the district court of Canadian county, on the 16th day of October, 1894, by filing therein his petition which, omitting the prayer, is as follows: “Territory of Oklahoma, County of Canadian, “ In the district court in and for said county and territory. “ C. L. Severy as assignee of S. W. Sawyer, plaintiff, v. W. P. Seawell, I. E. Wagoner, O. H. Benton, W..L. Choate, E. C. Young, partners under the firm name of E. C. Young Lumber Co., defendants.…

1Opinion of the Court

The opinion of the court was delivered by

Keaton, J.:

The first contention of plaintiff in error is that the petition of plaintiff below fails to state facts sufficient to constitute a cause of action for the reason that, first, it does not show such an assignment from Sawyer to Severy as entitled the latter to maintain his action and, second, it fails to show any leave of court for the bringing of same.

*637We do not think this position tenable. Besides the caption, where it is stated that plaintiff, sues as the assignee of Sawyer, it is further alleged in said petition ‘‘that- the said C. L.…

2Cases cited17 opinions

  1. Mitchell v. MilhoanSupreme Court of Kansas · 1873
  2. McKie v. AndersonTexas Supreme Court · 1890
  3. City of Atchison v. TwineSupreme Court of Kansas · 1872
  4. Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
  5. Clay v. Hildebrand Bros.Supreme Court of Kansas · 1886

12 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lorino v. Crawford Packing Co.Texas Supreme Court · 1943
  2. Hebden v. BinaNorth Dakota Supreme Court · 1908
  3. Campbell v. ShortSupreme Court of Oklahoma · 1917
  4. Phillips v. GibbsSupreme Court of Oklahoma · 1947
  5. Pickard v. MaschoSupreme Court of Oklahoma · 1923

4 more not listed; retrieve them via the Exa API.

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