Manning v. Stroud State Bank

Supreme Court of Oklahoma

Manning v. Stroud State Bank

1910 OK 235, 110 P. 650, 26 Okla. 625, 1910 Okla. LEXIS 108

CourtSupreme Court of Oklahoma

DecidedJuly 12, 1910

Docket519

StatusPublished

Cited by2 cases

This text of 1910 OK 235 (Manning v. Stroud State Bank) 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

Manning v. Stroud State Bank, 1910 OK 235, 110 P. 650, 26 Okla. 625, 1910 Okla. LEXIS 108 (Okla. 1910).

Pincite

Opinion

WILLIAMS, J.

Did the court err in rendering judgment upon the pleadings, it appearing that the answer at the time it was filed, unverified, denied the execution of the note sued on, but was sworn to by the defendant before the clerk of the court on the-day the case was called for trial, without first having obtained leave of court thereto? No motion was made to strike the answer from the files on account of such improper verification. As long as the answer remained on file verified, though without .permission of the court, it was error to render judgment for the' plaintiff against the defendant on the pleadings. 22 Ency. Pl. & Pr. p. 1048.

.The judgment of the lower court is reversed and remanded, with instructions to grant a new trial.

All the Justices concur.

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WILLIAMS, J.

Did the court err in rendering judgment upon the pleadings, it appearing that the answer at the time it was filed, unverified, denied the execution of the note sued on, but was sworn to by the defendant before the clerk of the court on the-day the case was called for trial, without first having obtained leave of court thereto? No motion was made to strike the answer from the files on account of such improper verification. As long as the answer remained on file verified, though without .permission of the court, it was error to render judgment for the' plaintiff against the defendant on the pleadings. 22 Ency. Pl. & Pr. p. 1048.

.The judgment of the lower court is reversed and remanded, with instructions to grant a new trial.

All the Justices concur.

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Bluebook (online)

1910 OK 235, 110 P. 650, 26 Okla. 625, 1910 Okla. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-stroud-state-bank-okla-1910.

Opinion

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