Stauffer v. Campbell
Supreme Court of Oklahoma
Brror from Garfield County Court; James B. Cullison> Judge. Action by John Campbell -against Jacob Stauffer and others. Judgment for plaintiff, and defendants bring error.
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Brror from Garfield County Court; James B. Cullison> Judge. Action by John Campbell -against Jacob Stauffer and others. Judgment for plaintiff, and defendants bring error. On April 23, 1909, plaintiff below, John Campbell, brought an action in the county court of Garfield county against defendants Jacob Stauffer, Fred Stauffer, John Arends, and W. B. Johnston, on a certain statutory supersedeas bond, given by defendant Jacob Stauffer as principal, and signed by the others as sureties. On May 21, 1909, defendant Jacob Stauffer filed his answ;er, and pleaded as an offset to his admitted…
1Opinion of the Court
Opinion by
SHARP, C.
(after stating the facts as above). The sole question to be determined in this case is, Did the court err in rendering judgment on the pleadings in favor of defendant in error and against plaintiffs in error?
Defendant in error, in his brief, contends that the set-off attempted to be pleaded by plaintiffs in error was improperly interposed as a defense to the bond, for two reasons: (1) There was a lack of mutuality between the parties. (2) Because the alleged claim of Jacob Stauffer, intended as a set-off or counterclaim, was indefinite, uncertain, unverified, and barred by…
2Cases cited8 opinions
- Loeb v. LoebSupreme Court of Oklahoma · 1909
- Richardson v. PennySupreme Court of Oklahoma · 1900
- Botto v. VandamentCalifornia Supreme Court · 1885
- Prost v. MoreCalifornia Supreme Court · 1870
- Amador County v. ButterfieldCalifornia Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clark v. DuncansonSupreme Court of Oklahoma · 1920
- Nellis v. MintonSupreme Court of Oklahoma · 1923
- Advance Thresher Co. v. DoakSupreme Court of Oklahoma · 1913
- Adams v. Heirs of McKinneySupreme Court of Oklahoma · 1924
- Scrivner v. McClellandSupreme Court of Oklahoma · 1918
11 more not listed; retrieve them via the Exa API.