Taylor v. State Ex Rel. Grant

Supreme Court of Oklahoma

Taylor v. State Ex Rel. Grant

1924 OK 529, 225 P. 916, 102 Okla. 26, 1924 Okla. LEXIS 112

CourtSupreme Court of Oklahoma

DecidedMay 7, 1924

Docket13171

StatusPublished

Cited by1 cases

This text of 1924 OK 529 (Taylor v. State Ex Rel. Grant) 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

Taylor v. State Ex Rel. Grant, 1924 OK 529, 225 P. 916, 102 Okla. 26, 1924 Okla. LEXIS 112 (Okla. 1924).

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Opinion

LYDIOK, J.

This is an action wherein the state of Oklahoma ex rel. G. O. Grant, county attorney of Adair county, brought suit against J. P. Taylor, as principal, George Welch, J. E. Knowles, and A. Lit-tlefield, as’ sureties, upon an appearance bond given by J. R. Taylor, as principal, and the above-named sureties, for his ap-nearance in a criminal cause pending against Mm in said district court. Upon the failure of said principal to appear according io the terms and conditions of his bond, the court declared the same forfeited under the provisions of section 2927, Comp. Stat. 1921, and thereupon the county attorney brought this suit to recover the penalty thereof. The defendants filed their answer, and thereupon the county attorney on behalf of the state filed motion for judgment upon the pleadings, which motion was sustained, and judgment rendered accordingly. The defendants in the court below, as plaintiffs in error here, bring the case here on appeal with case-made attached to their petition in error. The plaintiffs in error have almost completely failed to comply with any part or portion of Rule 26 of this court (87 Okla. xxiii), prescribing the form and necessary elements of a brief. For their failure so to do,' the appeal is dismissed, and the cause remanded to the lower court, with instructions to enforce the judgment rendered.

JOHNSON, C.J., and HARRISON, WARREN, and GORDON, JJ., concur.

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LYDIOK, J.

This is an action wherein the state of Oklahoma ex rel. G. O. Grant, county attorney of Adair county, brought suit against J. P. Taylor, as principal, George Welch, J. E. Knowles, and A. Lit-tlefield, as’ sureties, upon an appearance bond given by J. R. Taylor, as principal, and the above-named sureties, for his ap-nearance in a criminal cause pending against Mm in said district court. Upon the failure of said principal to appear according io the terms and conditions of his bond, the court declared the same forfeited under the provisions of section 2927, Comp. Stat. 1921, and thereupon the county attorney brought this suit to recover the penalty thereof. The defendants filed their answer, and thereupon the county attorney on behalf of the state filed motion for judgment upon the pleadings, which motion was sustained, and judgment rendered accordingly. The defendants in the court below, as plaintiffs in error here, bring the case here on appeal with case-made attached to their petition in error. The plaintiffs in error have almost completely failed to comply with any part or portion of Rule 26 of this court (87 Okla. xxiii), prescribing the form and necessary elements of a brief. For their failure so to do,' the appeal is dismissed, and the cause remanded to the lower court, with instructions to enforce the judgment rendered.

JOHNSON, C.J., and HARRISON, WARREN, and GORDON, JJ., concur.

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Bluebook (online)

1924 OK 529, 225 P. 916, 102 Okla. 26, 1924 Okla. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-ex-rel-grant-okla-1924.

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