King v. Timmons
Supreme Court of Oklahoma
Error from District Court, Washita County. " Action by Homer S. Timmons, by bis next friend, against J. B. King. Judgment for plaintiff in the probate court, and, on appeal, judgment for plaintiff in the district court, and defendant brings error.
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Error from District Court, Washita County. " Action by Homer S. Timmons, by bis next friend, against J. B. King. Judgment for plaintiff in the probate court, and, on appeal, judgment for plaintiff in the district court, and defendant brings error. On the 30th dajr of August, A. D. 1906, the defendant in error, as plaintiff brought suit in the probate court of Washita county, territory of Oklahoma, against plaintiff in error, as defendant, to recover the sum of $53.25, for labor alleged to have been performed by him. Fred Burrell was also made a defendant in the court below, but no service was…
1Opinion of the CourtWilliaMS, J.
(after stating the facts as above). In the case of Champion v. Wilson & Co., 64 Ga. 191, Mr. Justice Jackson, in delivering the opinion of the court, said:
“Champion was not sued as a partner, but individually, and there could not be a legal recovery against him as a partner. It matters not that the others who were alleged to be his partners were bankrupt, and that the recovery would, come out of him in any event. The plaintiffs must sue him, as he contracted with them, and recover accordingly. Booher v. Worrill, 43 Ga. 587. The evidence on some of these points is conflicting — sufficiently so…
2Cases cited3 opinions
- Champion v. Wilson & Co.Supreme Court of Georgia · 1879
- Arie v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Booher v. WorrillSupreme Court of Georgia · 1871
3Cited by13 opinions
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Bilby v. StewartSupreme Court of Oklahoma · 1915
- Heaton v. SchaefferSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. ClampittSupreme Court of Oklahoma · 1915
- Taby v. McMurraySupreme Court of Oklahoma · 1912
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