Legal Opinion · Dissent

Perry v. Lebel

Supreme Court of Oklahoma

Decided December 14, 1937No. 26477Published

1DissentWelch, J.

I cannot concur in the majority opinion because it does not give proper consideration to the applicable statutes of our state nor to the court decisions construing our own and similar statutes, and because the conclusion of the majority opinion is not supported by the decisions of other states therein cited and relied upon.

Section 589, O. S. 1931, provides:

“If either or both parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the chse may require, may be made parties to the same, in’the same manner as prescribed for reviving…

2Cases cited15 opinions

  1. Manley v. MayerSupreme Court of Kansas · 1904
  2. Angell v. MartinSupreme Court of Kansas · 1880
  3. Scroggs v. TuttSupreme Court of Kansas · 1879
  4. Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
  5. Jones v. NyeSupreme Court of Oklahoma · 1916

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