Legal Opinion

Smith-Wogan Hardware & Imp. Co. v. Bice

Supreme Court of Oklahoma

Decided July 18, 1912No. 1890PublishedCited by 19 opinions

Error from Comanche County Court; James H. Wolverton1 Judge. Action by Smith-Wogan Hardware & Implement Co. against J. L. Bice. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

ROSSER, C.

This was a .replevin action by Smith-Wogan Hardware & Implement Co. against J. E. Bice, brought originally in the justice of the peace court of the city of Lawton, to take possession of certain personal property by virtue of a chattel mortgage executed by the defendant. The case was appealed to the county court, and judgment was there rendered for defendant. This appeal was taken from that judgment.

The execution of the mortgage, by virtue of which plaintiff claims possession, was admitted; and it was also admitted that the note had not been paid. The defense was that the…

2Cases cited8 opinions

  1. Mitchell v. RobertsUnited States Circuit Court · 1883
  2. Moore v. NormanSupreme Court of Minnesota · 1890
  3. Flanders v. ChamberlainMichigan Supreme Court · 1872
  4. Litz v. Exchange BankSupreme Court of Oklahoma · 1905
  5. Hixon v. HubbellSupreme Court of Oklahoma · 1896

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3Cited by19 opinions

  1. First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
  2. Mosko v. MatthewsSupreme Court of Colorado · 1930
  3. First National Bank of Davis v. BrittonSupreme Court of Oklahoma · 1939
  4. First Nat. Bank v. YoungSupreme Court of Oklahoma · 1932
  5. Ford Motor Credit Company v. GoingsCourt of Civil Appeals of Oklahoma · 1974

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