Luster v. First Nat. Bank in Oklahoma City

Opinion by

JONES, C.

This suit was instituted in the district court of Murray county, Okla., by the defendant in error, as plaintiff, against the plaintiffs in error, as defendants, to recover the sum of $2,000, with interest and attorney’s fee, as evidenced by a certain promissory note. The defendants filed what they denominated a plea in abatement and aver that the cause should be dismissed for the reason that the action was prematurely brought. The action was instituted on August 16, 1923, and defendants aver that the time of payment on the note had been extended until September 2, 1923,…