Legal Opinion

Gillespie v. Frisbie

Supreme Court of Oklahoma

Decided May 11, 1915No. 4087PublishedCited by 5 opinions

■Error from Superior Court, Garfield 'County; Dan Huitt, Judge. Action by James E. Frisbie against J. W. Gillespie and another. ■ From judgment for plaintiff, defendants bring error;

1Opinion of the Court

BRETT, C.

This is an action upon an appeal bond given' in a forcible detainer suit; the bond being conditioned,' as provided by section 6396’ Comp.' Laws of 1909, that if a defendant, in a forcible and unlawful detainer action appeals from a judgment awarding the delivery of the possession of real estate to the plaintiff, the defendant must give an undertaking that:

“If, upon the further trial of the cause, judgment be rendered against him, he will pay double the value of the use and. occupation of the property from the date of the undertaking until the delivery of the property, pursuant to the…

2Cases cited2 opinions

  1. United States v. HodsonSupreme Court of the United States · 1870
  2. Penny v. RichardsonSupreme Court of Oklahoma · 1902

3Cited by5 opinions

  1. American Surety Co. of New York v. SteenSupreme Court of Oklahoma · 1922
  2. Rippey v. ConeSupreme Court of Oklahoma · 1935
  3. Brown v. American Surety Co. of New YorkSupreme Court of Oklahoma · 1925
  4. TULSA INDUSTRIAL AUTHORITY v. CITY OF TULSASupreme Court of Oklahoma · 2014
  5. Tulsa Industrial Authority v. City of TulsaSupreme Court of Oklahoma · 2014

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