Shelby v. Ziegler
Supreme Court of Oklahoma
Error from District Court, Kay County. Action by George Ziegler against Samuel O. Sbeiby and another. Judgment for plaintiff, and defendants bring error.
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Error from District Court, Kay County. Action by George Ziegler against Samuel O. Sbeiby and another. Judgment for plaintiff, and defendants bring error. On the 12th day of November, A. D. 1906, the defendant in •error as plaintiff, instituted an action in the lower court against Samuel O. Shelby and Adam F. Sitton, the plaintiffs in error, as defendants, alleging: That on the 26th day of November, A. D. 1904, said plaintiff filed, his petition in the district court oE Kay county, Oklahoma Territory, wherein he was plaintiff and Samuel O. Shelby was defendant, declaring in damages against…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). In order to dispose of this case, it is necessary to consider .the following propositions: (1) Is a judgment on a motion to discharge an attachment, on the ground that the property seized under such writ was exempt, res judicata in a subsequent direct proceeding, or other action against such property? (2) After the receiver’s final receipt or certificate has been issued therefor, is the homestead exempt as against execution, or other proceedings, on a judgment for tort, independent of any contract; such judgment having been rendered on a date subsequent to…
2Cases cited67 opinions
- Lane County v. OregonSupreme Court of the United States · 1869
- Louisiana Ex Rel. Folsom v. Mayor and Administrators of New OrleansSupreme Court of the United States · 1883
- Chase v. CurtisSupreme Court of the United States · 1885
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
62 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
- Union Coal Co. v. WooleySupreme Court of Oklahoma · 1915
- In Re Davis' EstateSupreme Court of Oklahoma · 1912
- Beigler v. ChamberlinSupreme Court of Minnesota · 1920
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
17 more not listed; retrieve them via the Exa API.