Legal Opinion

Lawton v. Nicholas

Supreme Court of Oklahoma

Decided June 6, 1903PublishedCited by 8 opinions

Error from the District Court of Custer County; before Clinton F. Irwin, Trial Judge. STATEMENT O E PACTS. On the 8th day of November, 1892,' H. E. Yan Trees was elected county treasurer of G (now Ouster) county, and on the 13th of December following duly qualified as such county treasurer, having previously filed his bond in the sum of $25,000, with J. W. Lawton (the plaintiff herein) and several others thereon as sureties.

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Error from the District Court of Custer County; before Clinton F. Irwin, Trial Judge. STATEMENT O E PACTS. On the 8th day of November, 1892,' H. E. Yan Trees was elected county treasurer of G (now Ouster) county, and on the 13th of December following duly qualified as such county treasurer, having previously filed his bond in the sum of $25,000, with J. W. Lawton (the plaintiff herein) and several others thereon as sureties. The' bond was accepted and approved by the county commissioners of said county, and thereupon, said Yan Trees entered upon his duties as such county treasurer, and served…

1Opinion of the Court

Opinion of the court by

Gillette, J.:

It is contended on behalf of the plaintiffs-in error in this ease that the judgment complained of is void, and that therefore execution to enforce the same may be enjoined, and the grounds upon which he relies as a basis for this contention are threefold. First, that the judgment is= excessive, being for the principal amount of indebteclness- and interest from January 1, 1893, when it should have been (if for any sum) for the principal amount of the debt and' interest from January 1, 1895, being therefore two years interest in excess of what it should have…

2Cases cited5 opinions

  1. Bullock v. RouseCalifornia Supreme Court · 1889
  2. Tootle, Hanna & Co. v. EllisSupreme Court of Kansas · 1901
  3. Simpson v. Rice, Friedman & Markwell Co.Supreme Court of Kansas · 1890
  4. Dusenberry v. BennettCourt of Appeals of Kansas · 1898
  5. Bassett v. MitchellSupreme Court of Kansas · 1889

3Cited by8 opinions

  1. Huddleston v. DwyerCourt of Appeals for the Tenth Circuit · 1944
  2. Texas Title Guaranty Co. v. MardisSupreme Court of Oklahoma · 1939
  3. Kolp v. State Ex Rel. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1957
  4. Voss Truck Lines, Inc. v. Citizens-Farmers Nat. BankSupreme Court of Oklahoma · 1940
  5. Hines v. BaconSupreme Court of Oklahoma · 1923

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