Tecumseh State Bank v. Maddox
Supreme Court of Oklahoma
STATEMENT OE THE' CASE. This action was originally commenced in the probate court of Pottawatomie county by James Maddox, the defendant in error, to recover a judgment of $1,000, the proceeds of certain drafts deposited with the Tecumseh State Bank, plaintiff in error, by one Michael Wogoman, and alleged to have been assigned by him to Maddox,, after the deposit was made.
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STATEMENT OE THE' CASE. This action was originally commenced in the probate court of Pottawatomie county by James Maddox, the defendant in error, to recover a judgment of $1,000, the proceeds of certain drafts deposited with the Tecumseh State Bank, plaintiff in error, by one Michael Wogoman, and alleged to have been assigned by him to Maddox,, after the deposit was made. Judgment was rendered upon the verdict of the jury in said probate-court in favor of said bank, and Maddox appealed to the district court, where a demurrer to defendant’s answer was sustained and plaintiff in error, by leave…
1Opinion of the Court
The opinion of the court was delivered by
Tabsney, J.:
We deem it unnecessary to consider the question raised by the first assignment of error as to whether the court below erred in sustaining the demurrer to the original answer, as the error therein, if any, was waived and cured by the failure of the plaintiff in error to stand therein, and by the filing of its amended and1 supplemental answer, and as the amended and supplemental answer contains in addition to the new matter therein stated, all the material allegations of the original answer, the entire question is presented by the ruling of…
2Cases cited13 opinions
- Myers v. CroftSupreme Court of the United States · 1872
- Lamb v. DavenportSupreme Court of the United States · 1873
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Caldwell v. RuddyIdaho Supreme Court · 1881
- Olson v. OrtonSupreme Court of Minnesota · 1881
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