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Legal Opinion

Washburn v. Delaney

Supreme Court of Oklahoma

Decided December 12, 1911No. 1333PublishedCited by 21 opinions

Error from Oklahoma County Court; Sam Hooker, Judge. Action by J. C. Washburn against Ed. J. Delaney to review a judgment dismissing an appeal from a justice. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

ROBERTSON, C.

Delaney obtained a judgment against Washburn in the justice court of-Oklahoma county for $200 as commission on the sale of real estate. Washburn sought to appeal. The transcript of the justice of the peace was filed in the county court, together with what purported to be an appeal bond, which is in words and-figures following:

“Appear Bond.
“State of Oklahoma, Oklahoma County — ss.:
“Know all men by these presents: That J. C. Washburn, as principal, and C. B. Cooke and Henry M. Scales, as sureties, are held and firmly bound unto-in the sum of four hundred dollars, for the…

2Cases cited2 opinions

  1. Dowell v. CaruthersSupreme Court of Kansas · 1882
  2. Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898

3Cited by21 opinions

  1. Adair v. MontgomerySupreme Court of Oklahoma · 1918
  2. Pendleton v. Great Southern Life Ins. Co.Supreme Court of Oklahoma · 1929
  3. Spaulding Mfg. Co. v. RoffSupreme Court of Oklahoma · 1912
  4. Price v. PriceSupreme Court of Oklahoma · 1918
  5. State Ex Rel. Freeling v. MartinSupreme Court of Oklahoma · 1917

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