Moore v. Truitt
Supreme Court of Oklahoma
Commissioners’ Opinion, Division No. 1. Error from District Court, Garfield County; J. C. Robberts, Judge. Action by Bertha M. Truitt, administra-trix of the estate of M. W. Truitt, deceased, against B. V- Moore and others. Judgment for plaintiff, and defendants appeals. The parties will be referred to as they appeared in the court below.
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Commissioners’ Opinion, Division No. 1. Error from District Court, Garfield County; J. C. Robberts, Judge. Action by Bertha M. Truitt, administra-trix of the estate of M. W. Truitt, deceased, against B. V- Moore and others. Judgment for plaintiff, and defendants appeals. The parties will be referred to as they appeared in the court below. Plaintiff’s case is set out in her petition which is as follows, omitting the caption and signature of counsel: “Now comes the plaintiff and for his cause of action against the defendants alleges that the Fairmont Refining Company is a corporation duly…
1Opinion of the Court
Opinion by
MAXEY, O.
The plaintiffs in error base their ground for reversal on what they claim to be the insufficiency of the amended petition, and the points relied on are' stated as follows:(1) The court erred in overruling the demurrer to the amended petition of the plaintiff below.(2) The court erred in overruling the objections of the plaintiffs in error to the introduction of evidence' under the amended petition.(3) There was no equity in plaintiff’s bill.(4) That the judgment as rendered is contrary to law and not within the issues as defined by the pleadings.
The plaintiffs in error take…
2Cases cited8 opinions
- Casper v. Kalt-Zimmers Manufacturing Co.Wisconsin Supreme Court · 1915
- Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1897
- St. Romes v. Levee Steam Cotton Press Co.Supreme Court of the United States · 1888
- Ryan v. Seaboard & R. R. Co.U.S. Circuit Court for the District of Eastern Virginia · 1898
- Herbert Kraft Co. Bank v. Bank of OrlandCalifornia Supreme Court · 1901
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