Legal Opinion

Farmers' Loan & Trust Co. v. Loyd

Supreme Court of Oklahoma

Decided February 28, 1914No. 3464PublishedCited by 3 opinions

Error from County Court, Pontotoc County; Con-way O. Barton, Judge. Action by the Farmers’ Loan & Trust Company against A. N. Loyd, D. C. Hybarger, F. O. Harris, and M. C. Lee. Judgment for certain defendants, and plaintiff brings error. On the 14th day of June, 1910, the plaintiff in error recovered a judgment against the defendants A. N. Loyd and D. C. Hybarger before a justice of the peace.

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Error from County Court, Pontotoc County; Con-way O. Barton, Judge. Action by the Farmers’ Loan & Trust Company against A. N. Loyd, D. C. Hybarger, F. O. Harris, and M. C. Lee. Judgment for certain defendants, and plaintiff brings error. On the 14th day of June, 1910, the plaintiff in error recovered a judgment against the defendants A. N. Loyd and D. C. Hybarger before a justice of the peace. The defendants filed an appeal bond in said cause signed by themselves as principals, and F. O. Harris and M. C. Lee as sureties, which bond was approved by the justice and the papers forwarded to -the…

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

(after stating the facts as above). The facts as above set forth have been admitted by all the parties interested, and the only question to be decided in this cause is whether or not the sureties on the appeal bond were released from liability thereunder by reason of the fact that in the trial of the case in the county court, judgment was rendered in favor of the defendant Hybarger and against his codefendant Loyd; both of said defendants being the appellants in this cause.

Omitting the ■ caption and qualification, the following is a copy of the bond in controvers}':

“Kn…

2Cases cited2 opinions

  1. Moore v. MulvaneCourt of Appeals of Kansas · 1897
  2. Cotton v. AlexanderSupreme Court of Kansas · 1884

3Cited by3 opinions

  1. Lindley v. HillSupreme Court of Oklahoma · 1915
  2. American Surety Co. v. WilliamsSupreme Court of Oklahoma · 1917
  3. Schuman v. BrownSupreme Court of Oklahoma · 1937

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