Ryland v. Arkansas City Milling Co.
Supreme Court of Oklahoma
Error from the Probate Court of Logan County; before C. W. Goodrich, Probate Judge. STATEMENT OF THE CASE. This is a proceeding supplemental to an execution to compel the satisfaction of a judgment.
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Error from the Probate Court of Logan County; before C. W. Goodrich, Probate Judge. STATEMENT OF THE CASE. This is a proceeding supplemental to an execution to compel the satisfaction of a judgment. The plaintiff filed an affidavit on July 21, 1903, from which it appears that on the 15th day of July, 1898, a judgment was rendered in the probate court of Logan county in favor of the Arkansas City Milling Company against Benjamin F. Ryland for the sum of $¿90.89 and costs of suit taxed at $2.50, with interest at 6 per cent, per annum until paid; that an execution was issued thereon and placed…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The first contention of plaintiff in error is that, the proof having shown that the title to the property was in Mrs. Ryland, who was not. a .party to the proceeding, the court had no power to order Ryland to apply it to the satisfaction of the judgment. These proceedings are based upon certain statutory provisions. It is provided in section 4614, Wilson’s Stat. 1903: “After the issuing of an execution against property and upon the affidavit of the judgment creditor, his agent or attorney that the judgment debtor has property .which he unjustly refuses to…
2Cases cited19 opinions
- Ex parte HollisCalifornia Supreme Court · 1881
- Allen v. TritchSupreme Court of Colorado · 1880
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Rodman v. . HenryNew York Court of Appeals · 1858
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
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3Cited by5 opinions
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