Sweet, Dempster & Co. v. Field

Supreme Court of Oklahoma September 10, 1903

Sweet, Dempster & Co. v. Field, 74 P. 1135 (Okla. 1903)

13 Okla. 257; 1903 OK 99; 1903 Okla. LEXIS 77

Beauciiamp, Hainer, Bur-Well, Gillette

Opinion of the Court

*258 Opinion of the court by

BeauciiaMp, J.:

The facts in these cases are identical with the facts in the case of J. Foster & Company v. Field & Saxton et al., No. 1271, also pending in this court, save that in that case suit was begun before the appointment of a receiver, and in these four cases suit was begun afterwards, no attachment having been sued out or levied in any of them. The decision and opinion in the case No. 1271, just decided, necessarily disposes of these cases, and the order of the district court of Pottawatomie county sustaining the demurrer and the judgment for costs against plaintiffs in error is affirmed, with costs to plaintiffs in error.

Hainer, J., who presided in the court below, and Bur-well, J., not sitting; Gillette, J., absent; all the other Justices concurring.

Reference

Full Case Name: Sweet, Dempster & Co., a Corporation v. Walter S. Field and C. S. Saxton, Partners, Trading as Field & Saxton, J. G. Fessenger, Jr., Receiver, Jerome Hill Cotton Company and Acme Milling Co., Interpleaders; Phelps, Dodge & Palmer Company v. Field Et Al.; Halsell Frazier Grocer Company v. Field Et Al.; R. G. Harseim v. Field Et Al.
Status: Published