Legal Opinion

Light v. Canadian County Bank

Supreme Court of Oklahoma

Decided September 7, 1894PublishedCited by 18 opinions

Error from the Probate Court of Canadian County. STATEMENT OP THE CASE. Plaintiff in error, on May 22, 1893, executed and delivered to defendant in error his promissory note for $355.75, due in fifteen days from date, but upon the payment of interest’ in advance, extensions were made up to February 7, 1894. It appeared in evidence that plaintiff in error made a loan of $355.75 from the Canadian County bank, on March 22, 1893, and agreed to pay for the use thereof at the rate…

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Error from the Probate Court of Canadian County. STATEMENT OP THE CASE. Plaintiff in error, on May 22, 1893, executed and delivered to defendant in error his promissory note for $355.75, due in fifteen days from date, but upon the payment of interest’ in advance, extensions were made up to February 7, 1894. It appeared in evidence that plaintiff in error made a loan of $355.75 from the Canadian County bank, on March 22, 1893, and agreed to pay for the use thereof at the rate of 2 per cent, per month until paid, and mortgaged a quarter section of land upon which he held the final certificate,…

1Opinion of the Court

The opinion of the court was delivered by

McAtke, J.:

The first contention of plaintiff in error is, that the court erred in permitting plaintiff below to amend his affidavit for arrest, in substance, by alleging therein additional grounds for arrest to those set forth in the original affidavit against the objection of the defendant below. This is incorrect. The only allegation not made in the original affidavit which appears in the amended one, is “that he has disposed of his property with intent to defraud his creditors.” It has been stated in the original affidavit, “that said defendant,…

2Cases cited16 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Walker v. SauvinetSupreme Court of the United States · 1876
  3. Donahue v. County of WillIllinois Supreme Court · 1881
  4. Kimball v. ConnorSupreme Court of Kansas · 1866
  5. Hilton v. MerrittSupreme Court of the United States · 1884

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

3Cited by18 opinions

  1. Tatlow v. BaconSupreme Court of Kansas · 1917
  2. Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
  3. State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
  4. Elliott v. BondSupreme Court of Oklahoma · 1918
  5. Cox v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909

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

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