Bentley & Olmstead Co. v. Peck
Cases that cite this one
2 later published cases cite this decision.
- Calkins v. Ponca City (Okla. 1923)
- Hallam v. Claggett (Okla. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This was an action on a bond given under section 5371,- Rev. Laws 1910, for release of property seized under attachment order issued by a justice of the peace. The plaintiff in error was the obligee on the bond, and the defendants in error the principals and_ sureties thereon. A demurrer was sustained to the petition, and, plaintiff in error declining to amend, judgment was rendered upon the demurrer in favor of defendants in error.
There was no allegation in the petition that upon the execution of the bond the property attached was returned to the person in whose possession it was found. We are of the opinion that for this reason the petition failed to state a cause of action, and that it was not error to sustain the demurrer thereto.’ Drovers’ Live Stock Commission Co. v. Custer Co. State Bank et al., 19 Okla. 302, 91 Pac. 850.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.