First Nat. Bank of Hennessey v. Harding

Supreme Court of Oklahoma

First Nat. Bank of Hennessey v. Harding

1913 OK 174, 130 P. 905, 35 Okla. 650, 1913 Okla. LEXIS 138

CourtSupreme Court of Oklahoma

DecidedMarch 11, 1913

Docket4772

StatusPublished

Cited by2 cases

This text of 1913 OK 174 (First Nat. Bank of Hennessey v. Harding) 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

First Nat. Bank of Hennessey v. Harding, 1913 OK 174, 130 P. 905, 35 Okla. 650, 1913 Okla. LEXIS 138 (Okla. 1913).

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Opinion

DUNN, J.

This case presents error from the district court of Kingfisher county. Plaintiff in error seeks to have reviewed an order of the district court which discharged a garnishee. The only parties made plaintiff and defendant in error are the original parties to the action, and counsel for defendant in error have filed a motion to dismiss the proceeding for the reason that the garnishee was not made a party. That all parties who will be affected by the judgment of this court must be made parties in this court is fundamental, and the Supreme Court of Kansas, passing on this specific question in the case of Yerkes v. McGuire et al., 54 Kan. 614, 38 Pac. 781, held that:

“Where it is sought to reverse an order discharging garnishees from liability, they must be made parties to the proceedings in this court; and a petition in error to which the principal defendants alone are made parties will be dismissed.”

This case was afterwards followed by this court in the case of Spaulding Mfg. Co. v. Dill et al., 25 Okla. 395, 106 Pac. 817.

The motion to dismiss is sustained.

All the Justices concur.

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DUNN, J.

This case presents error from the district court of Kingfisher county. Plaintiff in error seeks to have reviewed an order of the district court which discharged a garnishee. The only parties made plaintiff and defendant in error are the original parties to the action, and counsel for defendant in error have filed a motion to dismiss the proceeding for the reason that the garnishee was not made a party. That all parties who will be affected by the judgment of this court must be made parties in this court is fundamental, and the Supreme Court of Kansas, passing on this specific question in the case of Yerkes v. McGuire et al., 54 Kan. 614, 38 Pac. 781, held that:

“Where it is sought to reverse an order discharging garnishees from liability, they must be made parties to the proceedings in this court; and a petition in error to which the principal defendants alone are made parties will be dismissed.”

This case was afterwards followed by this court in the case of Spaulding Mfg. Co. v. Dill et al., 25 Okla. 395, 106 Pac. 817.

The motion to dismiss is sustained.

All the Justices concur.

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Bluebook (online)

1913 OK 174, 130 P. 905, 35 Okla. 650, 1913 Okla. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-hennessey-v-harding-okla-1913.

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