Sawyer & Austin Lumber Co. v. Champlain Lumber Co.
Supreme Court of Oklahoma
Error from the District Court of Garfield County; before ■J. L. Pancoast, Trial Judge. STATEMENT OE PACTS. On the 10th day of February, 1903, The Sawyer and Austin Lumber Company, a foreign corporation, commenced its action in the district court of Garfield connty against the Champlain Lumber Company, a domestic corporation, to recover a balance of $1293.92 claimed on account for lumber sold and delivered by the plaintiff to the defendant.
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Error from the District Court of Garfield County; before ■J. L. Pancoast, Trial Judge. STATEMENT OE PACTS. On the 10th day of February, 1903, The Sawyer and Austin Lumber Company, a foreign corporation, commenced its action in the district court of Garfield connty against the Champlain Lumber Company, a domestic corporation, to recover a balance of $1293.92 claimed on account for lumber sold and delivered by the plaintiff to the defendant. A statement of the account sued on was attached to the petition, and to the account was attached an affidavit of the bookkeeper of the plaintiff…
1Opinion of the Court
Opinion of the court by
BueRORD, C. J.:
But two alleged errors are presented in the brief of plaintiff in error. It is first contended that the court erred in overruling the demurrer to the answer, for the reason that the petition was upon a verified account, and the answer not being verified was insufficient. Section 4312, Wilson’s Statutes 1903, sec. 114 civil code, provides:
“In all actions, allegations * * * of the correctness of any account duly verified by the affidavit of the party, his agent or attorney, shall be taken as true unless the denial of the same be verified by the affidavit of…
2Cases cited6 opinions
- Board of Comrs. of Washita Co. v. HubbleSupreme Court of Oklahoma · 1899
- Hill v. First National BankSupreme Court of Kansas · 1889
- Frame v. RyelSupreme Court of Oklahoma · 1904
- Washington v. HobartSupreme Court of Kansas · 1876
- Pattie v. WilsonSupreme Court of Kansas · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wagner v. Sattley Mfg. Co.Supreme Court of Oklahoma · 1909
- Gladys Belle Oil Co. v. ClarkSupreme Court of Oklahoma · 1931
- City of Lawton v. HillsSupreme Court of Oklahoma · 1916
- Hilsmeyer v. BlakeSupreme Court of Oklahoma · 1912
- Gaffney v. StanardSupreme Court of Oklahoma · 1912
14 more not listed; retrieve them via the Exa API.