Legal Opinion

Johnson v. J. J. Douglass Co.

Supreme Court of Oklahoma

Decided August 24, 1899PublishedCited by 13 opinions

Error from the District Court of Kingfisher County; before John L. McAtee, District Judge. STATEMENT OP THE CASE. This was an action commenced by J. J. Douglass company against Harding & Johnson, as partners, to recover on an account for liquors -sold to them. The case was begun in the justice’s court. Judgment rendered for the plaintiff, and an appeal taken to the district court. The only pleading filed was the bill of particulars filed by the plaintiff.

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Error from the District Court of Kingfisher County; before John L. McAtee, District Judge. STATEMENT OP THE CASE. This was an action commenced by J. J. Douglass company against Harding & Johnson, as partners, to recover on an account for liquors -sold to them. The case was begun in the justice’s court. Judgment rendered for the plaintiff, and an appeal taken to the district court. The only pleading filed was the bill of particulars filed by the plaintiff. After the plaintiff introduced its evidence as to the existence of the partnership and the sale of the goods in question, and the defendant…

1Opinion of the Court

Opinion of the court by

Irwin, J.:

The only error assigned and relied upon by the plaintiff in error for a reversal of the judgment is that the court below erred in taking the matter from the jury, and sustaining the motion of the plaintiff in the court below for a judgment on the pleadings. The Statutes of Oklahoma (section 4726, Statutes. 1893,) provide:

“ In an action, allegations of the execution of a written instrument and the endorsements thereon, of the exist ence of a corporation or partnership, or any appointment or authority, or the correctness of an account duly verified by the…

2Cases cited3 opinions

  1. Keokuk Falls Improvement Co. v. Kingsland & Douglas Manufacturing Co.Supreme Court of Oklahoma · 1896
  2. Magill v. MartinSupreme Court of Kansas · 1874
  3. Maduska v. ThomasSupreme Court of Kansas · 1870

3Cited by13 opinions

  1. Kaufman v. BoismierSupreme Court of Oklahoma · 1909
  2. Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
  3. White v. HarriganSupreme Court of Oklahoma · 1919
  4. Burford v. HughesSupreme Court of Oklahoma · 1919
  5. St. John v. IversSupreme Court of Oklahoma · 1927

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