Legal Opinion

Wakeman v. Peter

Supreme Court of Oklahoma

Decided October 19, 1915No. 5381PublishedCited by 2 opinions

Error from County .Court, Atoka County; Baxter Taylor, Judge. Action by E. I.- Wakeman, executor of the estate of D. N. Robb, deceased, against Osborn Peter. Judgment for defendant, and plaintiff brings error.

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Error from County .Court, Atoka County; Baxter Taylor, Judge. Action by E. I.- Wakeman, executor of the estate of D. N. Robb, deceased, against Osborn Peter. Judgment for defendant, and plaintiff brings error. It appears that D. -N. Robb, plaintiff’s testator, was, in his lifetime, the guardian of the defendant in error, and on November 9, 1908, his final report as such guardian came on to be heard, and an order was entered approving the account, and finding that the ward was indebted to the guardian in the sum of $118.53, and giving judgment for this sum against' the ward and in favor of the…

1Opinion of the Court

Opinion by

DEVEREUX, C.

(after stating the facts as above). The only question presented by the briefs is: Was the cause of action barred by the statute of limitation, the plaintiff in error contending that it is an action on a judgment of the county court, and therefore noV barred until five years from the date of the judgment, and the defendant in error contending that it is an action on an express or implied contract, not in writing, and is therefore barred in three years. Rev. Laws 1910, section 6190, under “Probate Procedure,”, provides:

“The proceedings of this court are construed in the…

2Cases cited5 opinions

  1. Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
  2. Greer v. McNealSupreme Court of Oklahoma · 1901
  3. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  4. McDonald v. . DicksonSupreme Court of North Carolina · 1882
  5. Shipman, Adm'r v. BrownSupreme Court of Oklahoma · 1913

3Cited by2 opinions

  1. Southwestern Surety Ins. Co. v. RichardSupreme Court of Oklahoma · 1917
  2. Utilities Ins. v. SmithCourt of Appeals for the Tenth Circuit · 1942

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