City of Guthrie v. T. W. Harvey Lumber Co.
Supreme Court of Oklahoma
Error from the District Court of Logan County. STATEMENT OF FACTS. This was an action brought by the defendant in error, plaintiff in the court below, against the city of Guthrie, for the alleged conversion of a certain building valued at the sum of $600. The petition alleged, that (1) the organization on April 30, 1889, of the provisional government of East Guthrie, which discharged the functions of a city government until July 1, 1890, when the territory in East Guthrie…
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Error from the District Court of Logan County. STATEMENT OF FACTS. This was an action brought by the defendant in error, plaintiff in the court below, against the city of Guthrie, for the alleged conversion of a certain building valued at the sum of $600. The petition alleged, that (1) the organization on April 30, 1889, of the provisional government of East Guthrie, which discharged the functions of a city government until July 1, 1890, when the territory in East Guthrie was, with other territory, organized into the village of Guthrie and continued as the village of Guthrie until the-day…
1Opinion of the Court
The opinion of the court was delivered by
McAtee, J.:
Error is assigned here .that the petition of the plaintiff in the court below fails to state facts sufficient to constitute a cause of action and (2) in sustaining the plaintiff’s demurrer to the answer of the defendant, and (3) in rendering judgment in favor of the plaintiff without the introduction of any testimony in support of the plaintiff’s petition.
The general denial of the answer controverted every proposition in the petition, and as to that part of the answer tlie plaintiff’s demurrer should have been overruled. The case is one for…
2Cases cited3 opinions
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