English v. T. H. Rogers Lumber Co.
Supreme Court of Oklahoma
Error from District Court, Muskogee-County; B. P. De Gra-ffenried, Judge. Action by the T. H. Bogers Lumber Company against Bessie E. English and Tupper & Bird, a copartnership, composed of H. E. Tupper and E. V. Bird, defendants. Judgment for plaintiff, and defendant Bessie E. English and A. Z. English and W. C. Cook, sureties, bring error.
1Opinion of the CourtSbcabp, C. J.
On July 7, 1911, the T. H. Bogers Lumber Company commenced an action against Bessie E. English to recover judgment in the sum of $1,636.65 on account of certain lumber and building materials sold by the lumber company to Tupper & Bird, contractors, and to foreclose a lien on lot 1 in block 56 in the city of Muskogee, owned by defendant. The defendant appeared and demurred to the petition on the ground: (1) That the petition did not state facts sufficient to constitute a cause of action; (2) there were not sufficient parties defendant. On November 6th foL lowing, the plaintiff appeared and…
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