Legal Opinion

Oklahoma Auto Supply Co. v. Mathey

Supreme Court of Oklahoma

Decided April 11, 1916No. 7781Published

Error from Superior Court, Muskogee County; H. C. Thurman, Judge. Action by the Oklahoma Auto Supply Company, a corporation, against A. E. Mathey and others, and H. A. . Von Unworth, interpleader. Judgment for defendant Mathey and interpleader, and plaintiff brings error.

1Per curiam

This was an action of replevin brought in a justice court, and from there appealed to the superior court of Muskogee county. At the trial, after plaintiff had introduced its evidence, defendant Mathey and the interpleader, Von Unworth, demurred thereto, which demurrer was sustained. Motion for a new trial being overruled, plaintiff brings error to this court.

Motion to dismiss the proceeding in error has been ñled, one of the grounds thereof being that no notice for the settlement of the case-made was served upon Mathey and Von Unworth, and that such notice had not been waived. An examination…

2Cases cited5 opinions

  1. Ft. Smith & W. R. v. State Nat. Bank of ShawneeSupreme Court of Oklahoma · 1909
  2. Brown v. MarksSupreme Court of Oklahoma · 1915
  3. Wood v. JonesSupreme Court of Oklahoma · 1912
  4. Foral v. BogleSupreme Court of Oklahoma · 1915
  5. Comanche Mercantile Co. v. Northwestern Knitting Co.Supreme Court of Oklahoma · 1915

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