State Nat. Bank v. Roseberry
Supreme Court of Oklahoma
Error from County Court, Oklahoma County; John W. Uayson, Judge. Action of replevin by N. É. Roseberry against the State National Bank. Judgment for plaintiff on appeal to the county court, and defendant brings error. Eor convenience the parties will be designated as they appeared in the trial ourt; that is, the plaintiff in error will be designated as the defendant, and the defendant in error as the plaintiff.
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Error from County Court, Oklahoma County; John W. Uayson, Judge. Action of replevin by N. É. Roseberry against the State National Bank. Judgment for plaintiff on appeal to the county court, and defendant brings error. Eor convenience the parties will be designated as they appeared in the trial ourt; that is, the plaintiff in error will be designated as the defendant, and the defendant in error as the plaintiff. This was an action for replevin for two diamond ear screws instituted by the plaintiff against the defendant bank. The petition was in the customary form, the defendant filing no…
1Opinion of the Court
DEVEREUX, C.
(after stating the facts as above). The first assignment of error is whether the court erred in overruling the demurrer to the plaintiff’s evidence, and this raises the question whether there was a sale to the plaintiff by which the title to the diamonds passed. In consideration of this question, under' the well-established rule, we must assume that the evidence of the plaintiff and all reasonable deductions to be drawn therefrom are admitted to be true. Reynolds v. Brooks, 149 Pac. -. The evidence establishes the fact on this demurrer that the plaintiff purchased these diamonds…
2Cases cited6 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
- Humphrey v. Timken Carriage Co. and BerkeySupreme Court of Oklahoma · 1903
- Nowlin v. MelvinSupreme Court of Oklahoma · 1915
- Hardin v. KirbySupreme Court of Oklahoma · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sears, Roebuck & Co. v. RobinsonSupreme Court of Oklahoma · 1938
- Wilkins v. JacksonSupreme Court of Oklahoma · 1924