Bush v. Ætna Building & Loan Ass'n of Las Vegas
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the AEtna Building & Loan Association of Las Vegas, New Mexico, against Louis A. Bush and another. Judgment for plaintiff, and defendants bring error. Plaintiff moves to dismiss.
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Error from District Court, Oklahoma County; Geo. W. Clark, Judge. Action by the AEtna Building & Loan Association of Las Vegas, New Mexico, against Louis A. Bush and another. Judgment for plaintiff, and defendants bring error. Plaintiff moves to dismiss. This was an action on a promissory note and to foreclose a mortgage given to secure the same, and as a defense thereto defendants below pleaded usury, but the court below found aga.nst them and rendered judgment for the full amount claimed. From this judgment the defendants below brought error to this court, and the case is regularly on the…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). As the affidavit of the plaintiffs in error has not been, controverted, for the purposes of this motion, we assume it to be true. This raises the question whether a plaintiff in error abandons his appeal when he is unable to give a supersedeas bond and pays the judgment in order to prevent the loss of the property by sale under execution. In our opinion, both on reason and authority, such payment does not operate as an abandonment of the appeal. In Auld v. Kimberlin, 7 Kan. 601, it is held:
■ “A payment of a judgment made to a sheriff…
2Cases cited8 opinions
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
- Kerr v. ReeceSupreme Court of Kansas · 1882
- Tinker v. McLaughlin-farrar Co.Supreme Court of Oklahoma · 1911
- Auld v. KimberlinSupreme Court of Kansas · 1871
- Reece v. ChaneySupreme Court of Oklahoma · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stites v. DUIT Const. Co., Inc.Supreme Court of Oklahoma · 1995
- Grand River Dam Authority v. EatonSupreme Court of Oklahoma · 1990
- Lucas v. First Nat. Bank of PawneeSupreme Court of Oklahoma · 1935
- Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
- Dane v. BennettSupreme Court of Oklahoma · 1915
4 more not listed; retrieve them via the Exa API.