Legal Opinion

First State Bank of Durant v. Smith

Supreme Court of Oklahoma

Decided April 14, 1914No. 3353PublishedCited by 7 opinions

Error from District Court, Bryan County; Summers Hardy, Judge. Action by the First State Bank of Durant against C. H. Hardin Smith. Judgment for defendant, and plaintiff brings error.

1Opinion of the CourtKane, J.

This was an action upon a promissory note, commenced by the plaintiff in error, plaintiff below, against the defendant in error, defendant below. Upon the commencement of the action the plaintiff caused a writ of attachment to be issued, which was levied upon certain real estate as the property of the defendant. The ground of attachment, as stated in the affidavit, is “that said defendant has assigned, removed, or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder, or delay his creditors.”

There was no controversy over the defendant’s…

2Cases cited8 opinions

  1. Tootle, Hosea & Co. v. ColdwellSupreme Court of Kansas · 1883
  2. Winfield National Bank v. CrocoSupreme Court of Kansas · 1891
  3. Dunn v. Claunch, Gilliland and DodsonSupreme Court of Oklahoma · 1904
  4. Steele v. DoddNebraska Supreme Court · 1883
  5. Kemper, Hundley & McDonald Dry Goods Co. v. FischelSupreme Court of Oklahoma · 1896

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3Cited by7 opinions

  1. Jacobson v. KillSupreme Court of Oklahoma · 1923
  2. Midland Savings & Loan Co. v. DonohooSupreme Court of Oklahoma · 1937
  3. El Reno Foundry & MacHine Co. v. Western Ice Co.Supreme Court of Oklahoma · 1915
  4. Antrim Lbr. Co. v. HazelSupreme Court of Oklahoma · 1926
  5. Fireman's Fund Insurance Company v. S.E.K. Construction CompanyCourt of Appeals for the Tenth Circuit · 1971

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

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