Supreme Court of Oklahoma, 1918

Oliphant v. Crane

Oliphant v. Crane
Supreme Court of Oklahoma · Decided May 14, 1918 · Galbraith
172 P. 1074; 70 Okla. 39; 1918 OK 285; 1918 Okla. LEXIS 726

Oliphant v. Crane

Opinion of the Court

Opinion by

GALBRAITH, O.

This was an action against the sureties on a supersedeas bond given to stay execution pending appeal from the judgment of fire trial court to the Supreme Court of the state. It differs only from case No. 8571, ante, p. 38, 172 Pae. 1073’, just handed down, in that the judgment recovered against the Merchants’ & Planters’ Insurance Company was recovered by Laura Crane and J. H. Harrison. The judgment was for the same amount and rendered in the same court and on the same day as in case No. 8571, and the supersedeas bond was in the same amount, and was executed by the same principal and sureties. The judgment on appeal was affirmed on the second day of April, 1912. Both the parties plaintiff in the trial court, Laura Crane and J. H. Harrison, having died, this action was prosecuted by their respective administrators.

The petition in this action alleged the same facts as ground for recovery and the answer ■sets up the same ground for defense as in *40 case No. 8571. Upon authority oí that case the judgment appealed from in this case should he affirmed.

By the Court: It is so ordered.

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