Barry v. Easter Drug Co.

Supreme Court of Oklahoma

Barry v. Easter Drug Co.

1916 OK 610, 158 P. 443, 53 Okla. 799, 1916 Okla. LEXIS 463

CourtSupreme Court of Oklahoma

DecidedJune 6, 1916

Docket5959

StatusPublished

Cited by1 cases

This text of 1916 OK 610 (Barry v. Easter Drug Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry v. Easter Drug Co., 1916 OK 610, 158 P. 443, 53 Okla. 799, 1916 Okla. LEXIS 463 (Okla. 1916).

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Opinion

TURNER, J.

On' February 19, 1915, in the county court of Murray county, H. D. Berry, plaintiff in error, sued J. J. Easter and M. T. Easter, doing business at Davis, Okla., under the firm name of Easter Drug Company, on four promissory notes 'for $37.50 each, dated June 15, 1912, payable in three, four, five, and six months, respectively, to American Manufacturing Company, without interest. After issue joined, there was trial to a jury and judgment for defendants, and that plaintiff take *800 nothing by his suit, to reverse which plaintiff brings the case here.

On the question of jurisdiction of the county court, this case is ruled by Musser v. Baker, County Judge, ante, p. 782, 158 Pac. 442. In the syllabus of that case we said:

“Const, art '7, sec. 12, and act approved March 9, 1910 (Rev. Laws 1910, sec. 1816), construed together, and held to vest the county court with no jurisdiction of civil cases involving $200 or less.”

The cause is accordingly dismissed.

All the Justices concur.

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TURNER, J.

On' February 19, 1915, in the county court of Murray county, H. D. Berry, plaintiff in error, sued J. J. Easter and M. T. Easter, doing business at Davis, Okla., under the firm name of Easter Drug Company, on four promissory notes 'for $37.50 each, dated June 15, 1912, payable in three, four, five, and six months, respectively, to American Manufacturing Company, without interest. After issue joined, there was trial to a jury and judgment for defendants, and that plaintiff take *800 nothing by his suit, to reverse which plaintiff brings the case here.

On the question of jurisdiction of the county court, this case is ruled by Musser v. Baker, County Judge, ante, p. 782, 158 Pac. 442. In the syllabus of that case we said:

“Const, art '7, sec. 12, and act approved March 9, 1910 (Rev. Laws 1910, sec. 1816), construed together, and held to vest the county court with no jurisdiction of civil cases involving $200 or less.”

The cause is accordingly dismissed.

All the Justices concur.

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Bluebook (online)

1916 OK 610, 158 P. 443, 53 Okla. 799, 1916 Okla. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-easter-drug-co-okla-1916.

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