Legal Opinion

Moffitt v. Garrett

Supreme Court of Oklahoma

Decided March 9, 1909No. 2186, Okla. TPublishedCited by 13 opinions

Error from Probate Court, Olclahoma County. An action by I. D. Garrett against Carl L. Moffitt and others. Judgment for plaintiff. Defendants bring error.

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Error from Probate Court, Olclahoma County. An action by I. D. Garrett against Carl L. Moffitt and others. Judgment for plaintiff. Defendants bring error. On the 28th dajr of July, A. D. 1906, the defendant in error, as plaintiff, instituted his action in the probate court of Oklahoma county, territory of Oklahoma, against the plaintiff in error, C. L. Moffitt and L. R. Moffitt, as defendants, to recover the sum of $102.50, alleged to be due on an award of arbitrators between the said I. D. Garrett and C. L. Moffitt, and on the same day filed proper affidavit for attachment against both of…

1Opinion of the CourtWilliams, J.

(after stating the facts as above). Section 4404 (chapter 66, art. 11, § 206) Wilson’s Rev. & Ann. St. 1903, provides:

“If the defendant, or other person on his behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff, by one or more sureties, resident in the county, to be approved by the court, in double the amount of the plaintiffs claim as stated in his affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged, and restitution made of any property taken under it or the proceeds…

2Cases cited23 opinions

  1. McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
  2. Gardner v. DonnellyCalifornia Supreme Court · 1890
  3. Bunneman & Martononi v. WagnerOregon Supreme Court · 1888
  4. Hill v. HardingIllinois Supreme Court · 1879
  5. Brady v. OnffroyWashington Supreme Court · 1905

18 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ganas v. TselosSupreme Court of Oklahoma · 1932
  2. St. Louis Cordage Mills v. Western Supply Co.Supreme Court of Oklahoma · 1916
  3. Thompson v. . DillinghamSupreme Court of North Carolina · 1922
  4. Rosser v. HaleCourt of Appeals of Texas · 1921
  5. Adams v. ThibaultWashington Supreme Court · 1956

8 more not listed; retrieve them via the Exa API.

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