Legal Opinion

Pierce v. Engelkemeier

Supreme Court of Oklahoma

Decided June 30, 1900PublishedCited by 17 opinions

Error from the District Court of Kay County; before Bay-ard T. Hainer, District Judge. STATEMENT OF THE CASE. This action was brought in the district court of Kay county, on the 26th day of September, 1897, by the defendant in error, who was the plaintiff below, to recover the value of three thousand bushels of wheat, one hundred and fifty head of hogs, one frame store building and a frame house.

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Error from the District Court of Kay County; before Bay-ard T. Hainer, District Judge. STATEMENT OF THE CASE. This action was brought in the district court of Kay county, on the 26th day of September, 1897, by the defendant in error, who was the plaintiff below, to recover the value of three thousand bushels of wheat, one hundred and fifty head of hogs, one frame store building and a frame house. On the 29th day of July, 1897, the Bank of Blackwell obtained a judgment in the probate court of Kay county against Henry Engelkemeier for the sum of $351.91, and two days thereafter the United…

1Opinion of the Court

Opinion of the court by

McAtee, J.:

When the case came on for trial, applica tion was made by the United States School Furniture company, the Acme Harvester company and the Bank of Blackwell, to be substituted as defendants herein. This application was denied, and the denial is assigned as. error.

The application was based upon sec. 3917 of the code of civil procedure, which provides, that: “In an action against a sheriff or other officer, for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and of…

2Cases cited11 opinions

  1. Harris v. CarlisleOhio Supreme Court · 1843
  2. Condon v. BrockwayIllinois Supreme Court · 1895
  3. Dawson v. CostonSupreme Court of Colorado · 1893
  4. Wade v. GouldSupreme Court of Oklahoma · 1899
  5. Educational Ass'n of Christian Churches v. HitchcockSupreme Court of Kansas · 1866

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

3Cited by17 opinions

  1. Thompson v. FultonSupreme Court of Oklahoma · 1911
  2. Gross v. LincolnSupreme Court of Oklahoma · 1921
  3. House v. GraggSupreme Court of Oklahoma · 1934
  4. Clark v. O'TooleSupreme Court of Oklahoma · 1908
  5. Kinnear v. DennisSupreme Court of Oklahoma · 1924

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

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