Legal Opinion

Carter v. Gullett

Supreme Court of Oklahoma

Decided October 23, 1979No. 53887PublishedCited by 18 opinions

1Opinion of the Court

DOOLIN, Justice:

This matter involves certain statutory requirements and interpretations of the small claim procedure act (the act) 12 O.S.1971 § 1751 et seq., particularly §§ 1758 & 1759.

Plaintiff’s suit, based on contract for labor and services performed, was filed in the small claims division of the Oklahoma District Court, seeking recovery of $370.00. After being once continued defendants appearance was set for 9:00 a. m., June 13, 1979. Defendant did not file a verified counterclaim or setoff 48 hours prior to the 9:00 a. m. hearing as required by 12 O.S. 1971 § 1758. There is evidence…

2Cases cited2 opinions

  1. Black v. LittletonCourt of Civil Appeals of Oklahoma · 1975
  2. Hughes v. DunsmoorCourt of Civil Appeals of Oklahoma · 1979

3Cited by18 opinions

  1. Eskridge v. LaddSupreme Court of Oklahoma · 1991
  2. Kimble v. KimbleSupreme Court of Oklahoma · 2011
  3. Interstate Brands Corp. v. StephensSupreme Court of Oklahoma · 1980
  4. Fowler Equipment Co. v. Harry Houston Oil Co.Court of Civil Appeals of Oklahoma · 1997
  5. Winterhalder v. Burggraf Restoration, Inc.Court of Civil Appeals of Oklahoma · 2011

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