Legal Opinion

Mitchell v. Clark

Supreme Court of Oklahoma

Decided October 12, 1915No. 5529PublishedCited by 6 opinions

Error from County Court, Jefferson County; B. T. Price, Judge. Action by M. C. Clark against Joe L. Mitchell. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Opinion by

BREWER, C.

This is a suit to recover certain payments of interest alleged to be usurious. Plaintiff in error, as defendant below, demurred to the petition, and at the close of all the evidence demurred to same. Both demurrers were overruled by the court, and judgment entered for defendant in error.

The rulings of the court on said demurrers to the petition and to the evidence present the errors argued here; the precise points being that the petition fails to allege, and the evidence fails to prove, tlíat a written demand was made for return of the usurious interest prior to…

2Cited by6 opinions

  1. Mires v. HoganSupreme Court of Oklahoma · 1920
  2. Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1916
  3. Texmo Cotton Exch. Bank v. ListonSupreme Court of Oklahoma · 1916
  4. First State Bank of Chandler v. PoolSupreme Court of Oklahoma · 1917
  5. Smoot v. AnthonySupreme Court of Oklahoma · 1943

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