Brown v. Davis

Supreme Court of Oklahoma

Brown v. Davis

1916 OK 570, 157 P. 925, 59 Okla. 32, 1916 Okla. LEXIS 1086

CourtSupreme Court of Oklahoma

DecidedMay 23, 1916

Docket7504

StatusPublished

Cited by3 cases

This text of 1916 OK 570 (Brown v. Davis) 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

Brown v. Davis, 1916 OK 570, 157 P. 925, 59 Okla. 32, 1916 Okla. LEXIS 1086 (Okla. 1916).

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Opinion

Opinion by

RITTENHOUSE, C.

The plaintiff, John X. Davis, guardian of James Davis, John Henry Davis, and Benjamin Davis, minors, obtained judgment in the sum of $1.828, with interest at 8 per cent, per annum from February 9, 1915, and costs of suit, against T. W. Brown, defendant, in the district court of Grady county, Okla. This proceeding in error was commenced to review such judgment. A supersedeas bond trass executed, approved, and filed by T. W„ Brown, as principal, 'and R. H. Sutherland and A. G. Click, as sureties, and execution on such judgment stayed. The cause was dismissed by this court April 26, 1916, for failure to prosecute, and a motion has been made-herein for judgment against the sureties o» the supersedeas bond.

Under authority of Long v. Lang & Co., 38 Okla. 342, 152 Pac. 1078; Starr v. Haygood, 53 Okla. 358, 156 Pac. 1171, aud Oklahoma Fire Ins. Co. v. Kimple, 57 Okla. 398, 157 Pac. 317, the motion must be sustained. Judgment is therefore entered in this court against R. H. Sutherland and A. G. Click, sureties, in-the sum of $1.828, with interest at 8 per cent, per annum from February 9,1915, and for the-costs of suit,, for which execution may issue-out of the trial court.

By the Court: It is so ordered.

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Opinion by

RITTENHOUSE, C.

The plaintiff, John X. Davis, guardian of James Davis, John Henry Davis, and Benjamin Davis, minors, obtained judgment in the sum of $1.828, with interest at 8 per cent, per annum from February 9, 1915, and costs of suit, against T. W. Brown, defendant, in the district court of Grady county, Okla. This proceeding in error was commenced to review such judgment. A supersedeas bond trass executed, approved, and filed by T. W„ Brown, as principal, 'and R. H. Sutherland and A. G. Click, as sureties, and execution on such judgment stayed. The cause was dismissed by this court April 26, 1916, for failure to prosecute, and a motion has been made-herein for judgment against the sureties o» the supersedeas bond.

Under authority of Long v. Lang & Co., 38 Okla. 342, 152 Pac. 1078; Starr v. Haygood, 53 Okla. 358, 156 Pac. 1171, aud Oklahoma Fire Ins. Co. v. Kimple, 57 Okla. 398, 157 Pac. 317, the motion must be sustained. Judgment is therefore entered in this court against R. H. Sutherland and A. G. Click, sureties, in-the sum of $1.828, with interest at 8 per cent, per annum from February 9,1915, and for the-costs of suit,, for which execution may issue-out of the trial court.

By the Court: It is so ordered.

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Bluebook (online)

1916 OK 570, 157 P. 925, 59 Okla. 32, 1916 Okla. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-davis-okla-1916.

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