Legal Opinion

Deming Inv. Co. v. McLaughlin

Supreme Court of Oklahoma

Decided September 26, 1911No. 1122PublishedCited by 7 opinions

Error from Murray County Court; Harry W. Fielding, Judge. Action by J. E. McLaughlin against the Deming Investment Company. Death of J. E. McLaughlin having been suggested, the cause was revived and continued n the name of J. W. McLaughlin, as the sole and only heir at law of the said J. E. Mc'Laughlin, deceased. Judgment for plaintiff, and defendant brings error.

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Error from Murray County Court; Harry W. Fielding, Judge. Action by J. E. McLaughlin against the Deming Investment Company. Death of J. E. McLaughlin having been suggested, the cause was revived and continued n the name of J. W. McLaughlin, as the sole and only heir at law of the said J. E. Mc'Laughlin, deceased. Judgment for plaintiff, and defendant brings error. On July 1, 1908, J. E. McLaughlin, plaintiff, filed'his petition against the Deming- Investment Company, defendant, in the county court of Murray county, alleging that during the months of June and July, 1906, he was the authorized…

1Opinion of the Court

Opinion by

ROBERTSON, C.

(after stating the facts as above). The first three assignments of error involve essentially the same question, viz: Did the trial court err in striking out the second paragraph of Exhibit B to defendant’s answer?

The issue sought to be raised by said second paragraph of Exhibit B to defendant’s answer was well and properly raised by the allegations of the answer, without the exhibit, and the retention of the same in the answer would be nothing short of permitting the pleading of the evidence; the .issue thus raised in the answer was sufficiently comprehensive to 'admit,…

2Cases cited2 opinions

  1. Great Western Mfg. Co. v. Davidson Mill & Elevator Co.Supreme Court of Oklahoma · 1910
  2. J. Rosenbaum Grain Co. v. Pond Creek Mill & Elevator Co.Supreme Court of Oklahoma · 1908

3Cited by7 opinions

  1. Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
  2. Grayhill Drilling Co. v. Superior Oil Co.California Supreme Court · 1952
  3. Gentry v. FifeSupreme Court of Oklahoma · 1916
  4. Stone Ex Rel. Estate of Webster v. WebsterIdaho Supreme Court · 1943
  5. Swift & Co. v. ColvertSupreme Court of Oklahoma · 1927

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