Legal Opinion

O'Brien v. Van Arsdale-Osborne Brokerage Co.

Supreme Court of Oklahoma

Decided January 18, 1921No. 9731PublishedCited by 10 opinions

Error from District Court, Carter County; W. F. Freeman, Judge. Action by J. D. O’Brien and another against the Yan Arsdale-Osborne Brokerage Company to set aside judgment. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

HARRI'SON, O. J.

This case is here on a transcript. Tbe question involved is whether ^ the allegations of fraud in the petition to/ vacate a judgment were sufficient to constitute a cause of action. The controversy presented here grows out of the following circumstances: One R. L. Riner had an agency contract with the Van Arsdale-Osborne Brokerage Company, defendant in error, and was under a bond to said brokerage company for the faithful accounting of all funds and commissions which came into his hands, and J. D. O’Brien and D. M. Ballew were sureties on said bond. Riner made default in his…

2Cases cited10 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Bleakley v. BarclaySupreme Court of Kansas · 1907
  3. McIntosh v. HoltgraveSupreme Court of Oklahoma · 1920
  4. Laithe v. McDonaldSupreme Court of Kansas · 1871
  5. El Reno Mut. Fire Ins. Co. v. SuttonSupreme Court of Oklahoma · 1913

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3Cited by10 opinions

  1. Vacuum Oil Co. v. BrettSupreme Court of Oklahoma · 1931
  2. Okfuskey v. CorbinSupreme Court of Oklahoma · 1935
  3. Chisholm v. StephensonSupreme Court of Oklahoma · 1961
  4. O'Neill v. CunninghamSupreme Court of Oklahoma · 1926
  5. Smart v. BasslerSupreme Court of Oklahoma · 1924

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

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