Hivick v. Oklahoma-Colorado Oil & Gas Co.

This was an- action in replevin brought by -the Oklahoma-Colorado Oil & Gas Company against J. P. Hivick and' S. R. McConnell to recover the possession of a drilling machine, tools, etc. Judgment was for the plaintiff, from which the defendants have appealed and contend:

First, that the court erred in overruling their objection to the introduction of any evidence under the petition, for the reason that said petition failed to state facts sufficient to constitute a cause of action.

The specific objection made to the -petition is that it is not alleged therein that the plaintiff is the owner,…