Legal Opinion

W. T. Carter & Bro. v. Missouri Mining & Lumber Co.

Supreme Court of Oklahoma

Decided July 27, 1895PublishedCited by 13 opinions

Error from the District Court of Grant County; before A. G. G. Bierer, District Judge. Action brought by W. T. Carter and E. A. Carter, partners as W. T. Carter & Bro., plaintiffs, against the Missouri Mining and Lumber company, in the probate court of Grant county, to recover a certain lot of lumber. Decision by the probate court in favor of the plaintiffs, from which judgment the defendant therein appealed to the district court.

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Error from the District Court of Grant County; before A. G. G. Bierer, District Judge. Action brought by W. T. Carter and E. A. Carter, partners as W. T. Carter & Bro., plaintiffs, against the Missouri Mining and Lumber company, in the probate court of Grant county, to recover a certain lot of lumber. Decision by the probate court in favor of the plaintiffs, from which judgment the defendant therein appealed to the district court. Case tried in district court and judgment rendered in favor of the plaintiffs for the recovery of a part of the lumber, and in favor of the defendants for the…

1Opinion of the Court

Opinion of the court by

Dale, C. J.:

On the 25th day of November, 1893, plaintiffs in error brought an action in replevin in the probate court of Grant county, to recover four car loads of lumber. The action was brought against B. H. Hager, as defendant. Hager answered, first, by a general denial, second that he had no interest in the subject matter .as an individual; and further denying, said that he did not detain or wrongfully withhold the lumber for which the action was brought. Afterwards on the 8th day of February, 1891, the Missouri Mining and Lumber company, by motion was substituted…

2Cited by13 opinions

  1. Glaser v. GlaserSupreme Court of Oklahoma · 1903
  2. Norman v. LambertSupreme Court of Oklahoma · 1917
  3. Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
  4. Straughan v. CooperSupreme Court of Oklahoma · 1914
  5. Baker v. Butte City Water Co.Montana Supreme Court · 1903

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