Legal Opinion

Higgenbotham v. Stanley

Supreme Court of Oklahoma

Decided November 26, 1912No. 2332PublishedCited by 5 opinions

Error from Okmulgee County Court; M. M. Alexander, Judge. Action by Noble Stanley against'Sam T. Higgenbotham and W. D. Vance. Judgment for plaintiff, and defendants appeal.-

1Opinion of the Court

Opinion by

ROSSER, C.

D. H. Gillespie obtained a judgment against Kirk Kern. Execution was issued and levied by the sheriff, W. D. Vance, acting through his deputy, Sam Higgenbotham, upon what was claimed to be Kirk Kern’s interest in the property described in the petition in this action. Noble Stanley then brought this action in replevin against the sheriff and his deputy, who served the execution, to recover the articles levied upon. The plaintiff claimed to be the sole owner of the goods, and the case was defended upon the theory that Kirk Kern and Noble Stanley were partners, and that Kirk…

2Cited by5 opinions

  1. Champlin v. CommissionerCourt of Appeals for the Tenth Circuit · 1934
  2. Kennedy v. Beets Oil Co.Supreme Court of Oklahoma · 1924
  3. Criner v. Davenport-Bethel Co.Supreme Court of Oklahoma · 1930
  4. Whitney v. HarrisSupreme Court of Oklahoma · 1934
  5. J. P. Martin Co. v. O'ConnorSupreme Court of Oklahoma · 1926

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