Davis v. Lilly
Supreme Court of Oklahoma
Error from the District Court of Custer County; before C. F. Tnuin, Trial Judge. STATEMENT OE PACTS This was an action commenced in the district court of Custer county by E. A. Lilly against W. W. Smith, to recover the sum of $140, with interest and costs, alleged to be due on a promissory note executed on July 22, 1904. On the same day the planitiff filed an affidavit in garnishment, alleging that be had good reason to believe that Charles E. Davis, the plaintiff in error,…
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Error from the District Court of Custer County; before C. F. Tnuin, Trial Judge. STATEMENT OE PACTS This was an action commenced in the district court of Custer county by E. A. Lilly against W. W. Smith, to recover the sum of $140, with interest and costs, alleged to be due on a promissory note executed on July 22, 1904. On the same day the planitiff filed an affidavit in garnishment, alleging that be had good reason to believe that Charles E. Davis, the plaintiff in error, and W. P. Fowler, and C. O. Fowler, defendants in error, were indebted to said Smith, and asked that garnishment summons…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
Numerous errors, are assigned and argued by counsel for plaintiff in error, but we are of the opinion that it is only necessary to consider one of them, as that disposes of this appeal.
It is contended by the plaintiff in error that the court erred in not discharging him on his answer, and. the petition of the plaintiff, since the plaintiff failed to serve the statutory notice that he elected to take issue on the garnishee answer. It appears from the record that no notice was served by the plaintiff upon the garnishee or his counsel, in writing or otherwise,…
2Cases cited1 opinion
- Gille v. EmmonsSupreme Court of Kansas · 1897
3Cited by11 opinions
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- Moral Insurance Co. v. StevesSupreme Court of Oklahoma · 1953
- Mason v. MillerSupreme Court of Oklahoma · 1915
- Reed v. BloomDistrict Court, W.D. Oklahoma · 1936
- House v. ScanlanSupreme Court of Oklahoma · 1912
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