Legal Opinion

Wilson v. Wheeler

Supreme Court of Oklahoma

Decided May 9, 1911No. 802PublishedCited by 8 opinions

Error from District Cowl, Oklahoma County; J os. G. Lowe, Judge. Action by T. B. Wilson against G. W, Wheeler. Judgment for defendant, and plaintiff brings error.

1Opinion of the CourtTurner, C. J.

From a judgment of said court rendered and entered May 7, 1908, sustaining a general demurrer to his petition, plaintiff in error brings the case here 'and assigns that the court erred in sustaining said demurrer. This, in effect, is an action for relief on the ground of fraud within the contemplation of Wilson’s Stats, of Okla., see. 4216. It would have been barred within two years after the discovery of the fraud. According to the face of the petition, the fraud was discovered December 9, 1899, and suit originally brought March 12, 1901, which was within due time. Pending that suit, the…

2Cases cited3 opinions

  1. Myers v. the First Presbyterian Church of PerrySupreme Court of Oklahoma · 1902
  2. Hatchell v. HebeisenSupreme Court of Oklahoma · 1905
  3. Blakeman v. BusbySupreme Court of Kansas · 1900

3Cited by8 opinions

  1. Momand v. Universal Film Exchange, Inc.District Court, D. Massachusetts · 1942
  2. Chadwick v. Barba Lou, Inc.Ohio Supreme Court · 1982
  3. George v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1921
  4. Amsden v. JohnsonSupreme Court of Oklahoma · 1916
  5. Charles Furnald v. Anthony Hughes and Emcasco Insurance CompanySupreme Court of Iowa · 2011

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