Legal Opinion

Smith Rolfe Co. v. Wallace

Supreme Court of Oklahoma

Decided January 19, 1914No. 3307PublishedCited by 3 opinions

Error from County Court, Oklahoma County; John W. Hayson, Judge. Action by the Smith Rolfe Company, a corporation, against R. G. Wallace. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

BREWER, C.

The defendant in error, Wallace, was sued for a balance of $200 due by him on an automobile. 1-Iis defense was that the plaintiff, a foreign corporation, had a place of business in this state, and part of its capital in use here, and had failed to pay its license tax, and make its report as required by chapter 57 of the Session Laws of 1910. The court overruled a demurrer to this defense, and gave judgment on the pleadings for defendant. The question to be decided here is whether the answer set up a defense.

When we consider what the answer says, and what it omits to say,…

2Cases cited17 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Harris v. RunnelsSupreme Court of the United States · 1851
  3. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  4. Babcock v. GoodrichCalifornia Supreme Court · 1874
  5. Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909

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

3Cited by3 opinions

  1. Ray v. Oklahoma Furn. Mfg. Co.Supreme Court of Oklahoma · 1934
  2. Dickey v. Southwestern Surety InsuranceSupreme Court of Arkansas · 1915
  3. Dolese Bros. v. Pacific Engineering & Construction Co.Supreme Court of Oklahoma · 1923

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