Legal Opinion

Lamb v. Alexander

Supreme Court of Oklahoma

Decided February 26, 1918No. 7789PublishedCited by 9 opinions

Error from District Court. .Okmulgee County; Ernest B. Hughes, Judge. Action by Taylor Hardridge - against Frank E. Lamb, M. M. Alexander.- and others, to recover realty and to quiet title, with answer and cross-petition by defendant Alexander, and answer thereto by defendant ‘ Lamb.

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Error from District Court. .Okmulgee County; Ernest B. Hughes, Judge. Action by Taylor Hardridge - against Frank E. Lamb, M. M. Alexander.- and others, to recover realty and to quiet title, with answer and cross-petition by defendant Alexander, and answer thereto by defendant ‘ Lamb. Judgment for defendants against plaintiff, motion by defendant Lamb to strike the answer and cross-petition of defendant Alexander, and demurrer thereto overruled, and judgment for defendant Alexander as against defendant Lamb, and the latter brings error. This action was commenced on the 2d clay of June, 1913,…

1Opinion of the Court

Opinion by

PRYOR, C.

(after stating the facts as above). The first contention of the defendant Lamb, plaintiff in error here, is that the the lower court erred in overruling his motion to strike the answer and cross-petition of defendant Alexander, for the reason that said answer and cross-petition was not pertinent and germane to the cause of action set out in the original petition, and that the court erred in overruling the demurrer of the defendant Lamb to the answer and cross-petition of the defendant Alexander, which 'was based’upon the same ground.

The, procedure invoked by the defendant…

2Cases cited19 opinions

  1. Kimball v. ConnorSupreme Court of Kansas · 1866
  2. Kelly v. RoetzelSupreme Court of Oklahoma · 1917
  3. Success Realty Co. v. TrowbridgeSupreme Court of Oklahoma · 1915
  4. In Re McQuownSupreme Court of Oklahoma · 1907
  5. Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Stork v. StorkSupreme Court of Oklahoma · 1995
  2. Lamb v. AlexanderSupreme Court of Oklahoma · 1921
  3. Eastwood v. ClinkscalesSupreme Court of Oklahoma · 1921
  4. Johnson v. StewardSupreme Court of Oklahoma · 1964
  5. Perrault v. HollandSupreme Court of Oklahoma · 1961

4 more not listed; retrieve them via the Exa API.

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