Cit. State Bank of Lawton v. Chattanooga State Bank
Supreme Court of Oklahoma
Error from District Court, Comanche Countyj F. E. Gillette, Judge. Action by the Citizens’ State Bank of Lawton against the 'Chattanooga State Bank of Chattanooga and others. Judgment for defendants, and plaintiff brings error. On the 27th day of November, A. D. 1903, the Citizens’~State Bank of Lawton, as plaintiff, commenced its action in the probate court of Comanche county, Okla.
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Error from District Court, Comanche Countyj F. E. Gillette, Judge. Action by the Citizens’ State Bank of Lawton against the 'Chattanooga State Bank of Chattanooga and others. Judgment for defendants, and plaintiff brings error. On the 27th day of November, A. D. 1903, the Citizens’~State Bank of Lawton, as plaintiff, commenced its action in the probate court of Comanche county, Okla. T., against the Chattanooga State bank of Chattanooga, as defendant, alleging in its petition: That about the 5th day of September; A. D. 1903, one John Masoner (who was attempted to be made a party defendant in…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). It is insisted by the plaintiff in error that the trial court set aside the verdict of the jury on the ground that there was no testimom showing that plaintiff had made demand on the defendant for the possession of the chattels sued for prior to the bringing of said action, and that in that the court erred as a matter of law¿ and for that reason this case should be reversed, with instruction to vacate the order granting a new trial. In the ease of Chipman v. McDonald, 9 Kan. App. 882, 57 Pac. 252, the court said:
“Upon the pleadings as amended at the trial,…
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