Buell v. Oil Well Supply Co.
This text of 1919 OK 296 (Buell v. Oil Well Supply 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.
Opinion
On motion to dismiss the appeal it appears defendant in error, Oil Wei! Supply Company, brought suit upon a prom *175 issory note against plaintiff in error, J. Garfield Buell. The petition was verified, a copy of the note attached as an exhibit and made a part of the petition. Defendant Buell by way of answer filed an unverified general denial. Upon motion of plaintiff, judgment was rendered on the pleadings, from which judgment this appeal was prosecuted. Under the provisions of section 4759, Rev. Laws 1910, the allegations of the petition must be taken as true since the answer, by way of general denial, was not verified, and on authority of Bilby v. Natl. Reserve Bank, 53 Okla. 566, 157 Pac. 1198, and Bilby v. Cochran, 47 Okla. 545, 149 Pac. 143, the appeal will be dismissed as frivolous.-
It is so ordered.
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Cite This Page — Counsel Stack
1919 OK 296, 184 P. 572, 76 Okla. 174, 1919 Okla. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buell-v-oil-well-supply-co-okla-1919.