Powell v. Nichols
Supreme Court of Oklahoma
Error from District Court, Oldahoma County; Joseph Q. Lowe, Judge. Action between B. M. Powel] and others and James E: Nichols and others. Motion to .set aside levy of execution upon a leasehold estate of plaintiffs in error. From an order overruling the motion, they bring error. Citing: Farnum, v. Ilefner (Cal.) 21 Pac. 955; Medina Temple Co. v. Currey, 58 Ill. App. 433; Smith v. Putnam, 3 Pick.
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Error from District Court, Oldahoma County; Joseph Q. Lowe, Judge. Action between B. M. Powel] and others and James E: Nichols and others. Motion to .set aside levy of execution upon a leasehold estate of plaintiffs in error. From an order overruling the motion, they bring error. Citing: Farnum, v. Ilefner (Cal.) 21 Pac. 955; Medina Temple Co. v. Currey, 58 Ill. App. 433; Smith v. Putnam, 3 Pick. (Mass.) 221; 1 Freeman on Executions (3d Ed.) par. 119; 24 Cyc. 970; In re Bush, 126 Fed. 878.
1Opinion of the CourtWilliams, J.
The questions to be determined on this record are as follows:(1) Is it necessary for a motion for new trial to be filed in order to review the action of a nisi prius court 'in granting or overruling a motion where evidence is heard thereon?(2) Is the leasehold estate owned by the judgment debtor under a written lease for more than two years, containing a covenant against subletting or assigning without the consent of the lessor, subject to execution?
1. The first question seems to have been settled in the case of McDermott v. Halleck, as Receiver, et al., 65 Kan. 403, paragraph 1 of the…
2Cases cited13 opinions
- Harper v. HildrethCalifornia Supreme Court · 1893
- First Nat. Bank v. SwanWyoming Supreme Court · 1890
- Moser & Son v. Charles E. Tucker & Co.Texas Supreme Court · 1894
- Farnum v. HefnerCalifornia Supreme Court · 1889
- Slobodisky v. CurtisNebraska Supreme Court · 1899
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3Cited by60 opinions
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
- In Re Guardianship of ButlerSupreme Court of Oklahoma · 1927
- Barfield Petroleum Co. v. Pickering Lumber Co.Supreme Court of Oklahoma · 1929
- Clapper v. Putnam Co.Supreme Court of Oklahoma · 1916
- Mitchener v. City Com'rs, City of OkmulgeeSupreme Court of Oklahoma · 1924
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