Mires v. Hogan
Supreme Court of Oklahoma
Error 'from District Court, Kingfisher County; James B. Cullison, Judge. Action by S. W. Hogan against Ervin M. Mires and others to recover on promissory-note and to foreclose mortgage. Judgment on the pleadings for plaintiff, and th.e defendant named brings error.
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Error 'from District Court, Kingfisher County; James B. Cullison, Judge. Action by S. W. Hogan against Ervin M. Mires and others to recover on promissory-note and to foreclose mortgage. Judgment on the pleadings for plaintiff, and th.e defendant named brings error. On March 22, 1917, defendant in error, S. W. -Hogan, filed this suit in the district court of Kingfisher county, against .Ervin M. Mires and wife, Dora Mires, and First National Bank of Cashion, to foreclose a mortgage and recover on a certain $2,000 note executed by plaintiff in error, Ervin M. Mires, on December 10, 1909, -and…
1Opinion of the CourtRamsey, J.
(after stating the case). 1. The defendant in error filed a motion to dismiss the appeal or proceedings in error, which motion has heretofore been considered and overruled by the court. However, defendant in error urgently insists that this court cannot consider this case for two reasons: (1) because there is a defect of parties in that neither Dora Mires nor the First National Bank of Oashion, the second mortgagee, is a party to the petition in error, and (2) the petition in error cannot be sustained because it is not supported by either a case-made or a transcript containing a bill of…
2Cases cited37 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
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3Cited by100 opinions
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- Cole v. Silverado Foods, Inc.Supreme Court of Oklahoma · 2003
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
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