Legal Opinion

Southwestern Surety Ins. Co. v. Going

Supreme Court of Oklahoma

Decided June 29, 1915No. 6766PublishedCited by 9 opinions

Error-from District Court, McCurtain County; Summers Hardy, Judge. Action by Lilly Going and others against the Southwestern Surety Insurance Company. Judgment for plaintiffs, and defendant brings error. The defendants in error brought this action against plaintiff in error to recover upon a bond, executed by it, as surety, to secure a judgment in the sum of $1,899.44. A motion was timely filed for a new trial, which was overruled and excepted to.

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Error-from District Court, McCurtain County; Summers Hardy, Judge. Action by Lilly Going and others against the Southwestern Surety Insurance Company. Judgment for plaintiffs, and defendant brings error. The defendants in error brought this action against plaintiff in error to recover upon a bond, executed by it, as surety, to secure a judgment in the sum of $1,899.44. A motion was timely filed for a new trial, which was overruled and excepted to. From a judgment in favor of defendants in error, this appeal is prosecuted. The defendants in error now move the court to dismiss this appeal, upon…

1Opinion of the Court

Opinion by

COLLIER, C.

(after stating the facts as above)'. There is no question that the case-made was presented in time and proper notice given to the defendants in error that the judge would be asked to settle and sign the case-made at his chambers on July 2, 1914, and the fact that the judge at said time was absent from the place named in the notice of the time of settling and signing said case-made, and did not at such time settle and sign said case-made, cannot work to the prejudice of the plaintiff in error, but with the passing of the day at which notice had been given for the settling…

2Cases cited5 opinions

  1. First Nat. Bank of Collinsville v. DanielsSupreme Court of Oklahoma · 1910
  2. Thompson v. FultonSupreme Court of Oklahoma · 1911
  3. Moore v. Howard Mercantile Co.Supreme Court of Oklahoma · 1914
  4. Wyant v. WheelerSupreme Court of Oklahoma · 1913
  5. Tracy v. DennisSupreme Court of Oklahoma · 1915

3Cited by9 opinions

  1. Keenan v. ChastainSupreme Court of Oklahoma · 1917
  2. Sand Springs Ry. Co. v. OliphantSupreme Court of Oklahoma · 1915
  3. Okmulgee County Business Men's Ass'n v. BryanSupreme Court of Oklahoma · 1920
  4. Baker & Lockwood Mfg. Co. v. VoorheesSupreme Court of Oklahoma · 1917
  5. Russell v. HyerSupreme Court of Oklahoma · 1928

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