Kaufman v. Boismier
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; C. W. Clark, Judge. Action by W. N. Kaufman against Lawrence Boismier, as administrator, and others. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Oklahoma County; C. W. Clark, Judge. Action by W. N. Kaufman against Lawrence Boismier, as administrator, and others. Judgment for defendants, and plaintiff brings error. In case of inconsistent allegations, those most unfavorable to the pleader will be deemed to override the others: Board of Education v. Shaw, 15 Kan. 35; Bierer v. Fretz (Kan.) 4 Pac. 284; Wiley v. Keokuk, 6 Kan. 59. Citing: Wilson v. Min-ne-chas, 40 Kan. 648; Wheat v. Ragsdale, 27 Ind. 191; Pratt v. Stephens, 94 N. Y. 387; Election Cases, 65 Pa. St. 26; Warner v. Wmner, 11 Kan. 121; Koopes v.…
1Opinion of the CourtWilliams, J.
It is not essential for the disposition of this case to determine whether or not the affidavit was defective, for section 4313 (chapter 66, art. 8, § 115), Wilson’s Rev. & Ann. •St. 1903, provides that the verification required by section 4312 shall not apply to a guardian defending ■ for an infant or person of iinsomid mind. In this instance the answer was filed jointly by the administrator and the • guardian, denying the execution of the instrument. The answer on the part of the guardian, though un supported by an affidavit, properly raises the issue of non est foleum. The administrator,…
2Cases cited16 opinions
- People v. SpragueCalifornia Supreme Court · 1879
- People v. StrongCalifornia Supreme Court · 1866
- Covington v. FisherSupreme Court of Oklahoma · 1908
- Childs v. StateSupreme Court of Alabama · 1884
- Coalgate Co. v. BrossSupreme Court of Oklahoma · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
- Midland Valley R. Co. v. LarsonSupreme Court of Oklahoma · 1914
- Ward v. ColemanSupreme Court of Oklahoma · 1934
- Enid City Ry. Co. v. ReynoldsSupreme Court of Oklahoma · 1912
- Dolezal v. BostickSupreme Court of Oklahoma · 1914
33 more not listed; retrieve them via the Exa API.