State Ex Rel. Freeling v. Smith
Supreme Court of Oklahoma
Error from District Court, Creek County; Ernest B. Hughes, Judge. Action by the State on the relation of the Attorney General, against J. Harvey Smith and W. Y. Pryor on promissory note. Judgment for defendants, and plaintiff brings error.
1Opinion of the CourtOwen, C. J.
The Bank Commissioner took possession of the assets of the Oklahoma State Bank of Sapulpa on the 14th day of January, 1914. The note on which this action was brought was among the assets and was due February 5, 1913. This action was not begun until the 13th day of July, 1918. A demurrer was sustained to the petition on the ground that it appears the action was barred by the statute of limitations.
The question for determination is whether defendants may plead the statute of limitations as a defense in this action against the state.
The Attorney General argues that the state is the 'owner of the…
2Cases cited13 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Lankford v. Platte Iron Works Co.Supreme Court of the United States · 1915
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Miller v. StateSupreme Court of Alabama · 1863
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3Cited by14 opinions
- State Ex Rel. Commissioners of Land Office v. HallSupreme Court of Oklahoma · 1942
- Herndon v. Board of Com'rs of Pontotoc CountySupreme Court of Oklahoma · 1932
- Board of County Com'rs v. Good Twp.Supreme Court of Oklahoma · 1940
- McGee v. KirbySupreme Court of Oklahoma · 1941
- Wooten v. State Ex Rel. Comr's of Land OfficeSupreme Court of Oklahoma · 1942
9 more not listed; retrieve them via the Exa API.