Supreme Court of Oklahoma, 1919

Buell v. Oil Well Supply Co.

Buell v. Oil Well Supply Co.
Supreme Court of Oklahoma · Decided October 14, 1919 · PER CURIAM.
184 P. 572; 76 Okla. 174; 1919 OK 296; 1919 Okla. LEXIS 149
Buell v. Oil Well Supply Co.

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

On motion to dismiss the appeal it appears defendant in error, Oil Wei! Supply Company, brought suit upon a prom *175 issory note against plaintiff in error, J. Garfield Buell. The petition was verified, a copy of the note attached as an exhibit and made a part of the petition. Defendant Buell by way of answer filed an unverified general denial. Upon motion of plaintiff, judgment was rendered on the pleadings, from which judgment this appeal was prosecuted. Under the provisions of section 4759, Rev. Laws 1910, the allegations of the petition must be taken as true since the answer, by way of general denial, was not verified, and on authority of Bilby v. Natl. Reserve Bank, 53 Okla. 566, 157 Pac. 1198, and Bilby v. Cochran, 47 Okla. 545, 149 Pac. 143, the appeal will be dismissed as frivolous.-

It is so ordered.

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