Farmers' State Bank of Alva v. Kavanaugh
Supreme Court of Oklahoma
Error from District Court, Woods County: Arthur G. Sutton, Judge. Action by Kavanaugh & Shea, a partnership, against SR. L. Benton, in which Farmers’ State Bank of Alva and Dimmiek & Kletke, partners, each intervened. Judgment for plaintiffs, and intervener, Farmers’ State Bank of Alva, appeals.
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Error from District Court, Woods County: Arthur G. Sutton, Judge. Action by Kavanaugh & Shea, a partnership, against SR. L. Benton, in which Farmers’ State Bank of Alva and Dimmiek & Kletke, partners, each intervened. Judgment for plaintiffs, and intervener, Farmers’ State Bank of Alva, appeals. This action was commenced January 38, 1921, by Kavanaugh & Shea filing a petition in the district court of Woods county, Okla., against R. L. Benton to recover upon a certain promissory note in the sum of $2-12.51, in which action a garnishee summons was issued and served upon 0. O. Green, as…
1Opinion of the Court
Opinion by
LOGSDON, C.
Upon this appeal the only pz-oposition urged by the plaintiff in error is that the trial court erred in rendering judgment in favor of Kavanaugh & Shea and against the plaintiff in error on the agreed statement of facts. It is the ■contention of intervener that the lien of its mortgage extended to and embraced the proceeds of the sale in the hands of C. O. Green, clerk of the sale, and that the same were not subject to garnishment.
This contention is not tenable under the general rule stated in the case of Carr v. Brawley, 34 Okla. 500, 125 Pac. 1131, and the authorities…
2Cases cited8 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
- Minneapolis Threshing Machine Co. v. CalhounSouth Dakota Supreme Court · 1916
- Carr v. BrawleySupreme Court of Oklahoma · 1912
- New England Mortgage Security Co. v. Great Western Elevator Co.North Dakota Supreme Court · 1897
- Waters v. Cass County BankSupreme Court of Iowa · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Howell v. BoardSupreme Court of Oklahoma · 1939
- National Bond & Inv. Co. v. Central Nat. Bank of EnidSupreme Court of Oklahoma · 1930
- Sperry v. RennerSupreme Court of Oklahoma · 1944
- Midwest Production Co. v. DoernerCourt of Appeals for the Tenth Circuit · 1934
- First Security Bank v. Zaring Farm & Livestock Co.Idaho Supreme Court · 1932
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