Legal Opinion

Turk v. Mayberry

Supreme Court of Oklahoma

Decided February 6, 1912No. 1188PublishedCited by 9 opinions

Error from District Court, McClain County; R. McMillan, Judge. Action by E. D. Mayberry against Nathan Turk. From an order confirming a sale under execution in favor of the plaintiff, defendant brings error.

1Opinion of the Court

Opinion by

BREWER, C.

This proceeding in error is brought to correct alleged error in the confirmation of a sale of lands under execution. In disposing of the questions presented, it is necessary that a brief history of the litigation be given.

The case was originally brought by E. D. Mayberry against Nathan Turk, in the mayor’s court at Purcell, on May 28, 1907, by filing a complaint, affidavit, and bond for attachment and garnishment. There was service of process on the garnishee, warning order published, attorney for nonresident defendant appointed, who filed report. On July 30, .1907,…

2Cases cited23 opinions

  1. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  2. Edwards v. KearzeySupreme Court of the United States · 1878
  3. Bronson v. KinzieSupreme Court of the United States · 1843
  4. McCracken v. HaywardSupreme Court of the United States · 1844
  5. Brine v. Insurance Co.Supreme Court of the United States · 1878

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3Cited by9 opinions

  1. Travelers Insurance v. MarshallTexas Supreme Court · 1934
  2. Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
  3. Patterson v. RousneySupreme Court of Oklahoma · 1916
  4. State Ex Rel. Osage County Savings & Loan Ass'n v. WortenSupreme Court of Oklahoma · 1933
  5. Tolbert v. State Bank of PadenSupreme Court of Oklahoma · 1911

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