Shipman, Adm'r v. Brown
Supreme Court of Oklahoma
Error from District Court, Washington County; ■ T. L. Brown, hidge. Action by J. T. Shipman, administrator, against Georgia A. Brown, nee Stokes, and the United States Fidelity & Guaranty Company. Judgment for defendants, and plaintiff brings error. In the year 1905, Georgia A. Brown, nee Stokes, was appointed administratrix of the estate of her deceased husband, James H. Stokes, by the United States Court for the Northern District of the Indian Territory.
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Error from District Court, Washington County; ■ T. L. Brown, hidge. Action by J. T. Shipman, administrator, against Georgia A. Brown, nee Stokes, and the United States Fidelity & Guaranty Company. Judgment for defendants, and plaintiff brings error. In the year 1905, Georgia A. Brown, nee Stokes, was appointed administratrix of the estate of her deceased husband, James H. Stokes, by the United States Court for the Northern District of the Indian Territory. She qualified according to law, giving bond in the sum of $4,000, for the faithful performance of her duties as such administratrix, with…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). Plaintiff contends that the court erred in permitting defendants’ demurrer to be filed: First, because it was not filed within the time required by statute; second, because it was filed after issues of fact were joined by defendants’ answer to the plaintiff’s petition and plaintiff’s reply, and after trial of those issues, and without the answer having been withdrawn. Plaintiff also contends that the court erred in sustaining defendants’demurrer, and further that the court erred in refusing to sustain plaintiff’s demurrer to…
2Cases cited4 opinions
- Greer v. McNealSupreme Court of Oklahoma · 1901
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
- Williams v. CubageSupreme Court of Arkansas · 1880
3Cited by5 opinions
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
- Cabell v. McLishSupreme Court of Oklahoma · 1916
- Hartford Accident & Indemnity Co. v. GoldbergSupreme Court of Oklahoma · 1936
- Saxon v. National Surety Co.Supreme Court of Oklahoma · 1928
- Wakeman v. PeterSupreme Court of Oklahoma · 1915