Legal Opinion

Fleming v. Gillespie

Supreme Court of Oklahoma

Decided July 30, 1898PublishedCited by 3 opinions

JUrror from the Prolate Court of Garfielcl County, before WilUam M. Anderson, Prolate Judge. Action by Andrew Gillespie against O. J. Fleming. From a judgment for plaintiff, defendant brings error.

1Opinion of the Court

Opinion of the court by

BüRwell, J.:

This is an action on a bond in garnishment, brought by Andrew Gillespie against O. J. Fleming, in the probate court of Garfield county. The defendant filed a demurrer to the plaintiff’s petition on two grounds: (1) For the reason that there was a defect of parties defendant; and (2) that the petition did not state facts sufficient to constitute a cause of action. On the hearing of the demurrer, the court overruled the same, to which ruling the defendant excepted; whereupon the defendant answered, and a trial was had, which resulted in a judgment for the…

2Cases cited2 opinions

  1. Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
  2. Neil v. TolmanOregon Supreme Court · 1885

3Cited by3 opinions

  1. House v. Town of DicksonSupreme Court of Oklahoma · 2007
  2. Bliss v. American State Bank & Trust Co.Court of Appeals of Texas · 1935
  3. Koch v. SuterSupreme Court of Oklahoma · 1924

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