Supreme Court of Oklahoma, 1913

Churchman v. Payte

Churchman v. Payte
Supreme Court of Oklahoma · Decided June 19, 1913 · Rosser
133 P. 178; 37 Okla. 649; 1913 OK 424; 1913 Okla. LEXIS 259

Churchman v. Payte

Opinion of the Court

Opinion by

ROSSER, C.

This appeal is from an order of the county court dismissing an appeal on account of a defect in the appeal bond.

The facts in this case are substantially the same as the facts in the case of Spaulding Mfg. Co. v. Roff, 34 Okla. 309, 125 Pac. 727. It was there held that it was the duty of the court to permit an appeal bond to be corrected or amended as provided in section 5394, Comp. Laws 1909.' 'That case has been followed in C., R. I. & P. Ry. Co. v. Moore, 34 Okla. 199, 124 Pac. 898; Spaulding Mfg. Co. v. Witter, 34 Okla. 313, 125 Pac. 729, and Roberts v. Converse, ante, 131 Pac. 539.

This case must be reversed and remanded, with instructions to the county court of Coal county to' permit the plaintiff in error to file an amended appeal bond, and to proceed with the trial of the ease in regular course.

By the Court: It is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.