Bentley & Olmstead Co. v. Peck
Supreme Court of Oklahoma
Error from County Court, Ottawa County; Vern E. Thompson, Judge. Action by Bentley & Olmstead Company, a corporation, against J. A. Peck and others. There was a judgment for the latter, and the former brings error. .
1Opinion of the CourtMilby, J.
This was an action on a bond given under section 5371,- Rev. Laws 1910, for release of property seized under attachment order issued by a justice of the peace. The plaintiff in error was the obligee on the bond, and the defendants in error the principals and_ sureties thereon. A demurrer was sustained to the petition, and, plaintiff in error declining to amend, judgment was rendered upon the demurrer in favor of defendants in error.
There was no allegation in the petition that upon the execution of the bond the property attached was returned to the person in whose possession it was found. We…
2Cases cited1 opinion
- Drovers' Live Stock Commission Co. v. Custer County State BankSupreme Court of Oklahoma · 1907
3Cited by2 opinions
- Calkins v. Ponca CitySupreme Court of Oklahoma · 1923
- Hallam v. ClaggettSupreme Court of Oklahoma · 1917