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Oklahoma Portland Cement Co. v. Chaney

OKLA. PORTLAND CEMENT CO. v. CHANEY Et Al.

Okla. Portland Cement Co. v. Chaney, 150 P. 884 (Okla. 1915)
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
July 20, 1915
Docket
No. 5028
Judges
Devereux
Citations
150 P. 88450 Okla. 1801915 Okla. LEXIS 405
Disposition
Reversed.
Syllabus
LIABILITY OF SURETY. The facts in this case are the same as ■ those in Dolese Bros, against the same defendants in error, 44 Okla. 745, 145 Pac. 1119, and the , syllabus in that case is adopted as the syllabus in the instant case. (Syllabus by Devereux, C.)
Summary
Error from. County Court, Garfield County; Winfield Scott, Judge. Action by the Oklahoma Portland Cement Company against J. W. Chaney and others. Judgment for defendants, and plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Devereux

Opinion by DEVEREUX, C.

The facts in this case cannot be distinguished from those in Dolese Bros, against the present defendants in error, (Dolese Bros. v. Chaney & Rickard et al.), 44 Okla. 745 , 145 Pac. 1119 , and that case is governing authority in the case at bar.

We therefore recommend that the judgment be reversed, with instructions to overrule the demurrer, and to allow the defendants to plead, should they so desire.

By the Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 11925: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. D'Yarmett v. School Dist. No. 27, Canadian County1919 OK 70, 179 P. 20
  2. Carl v. Richards1925 OK 269, 235 P. 599

Most recent

  1. Carl v. Richards1925 OK 269, 235 P. 599
  2. D'Yarmett v. School Dist. No. 27, Canadian County1919 OK 70, 179 P. 20

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Dolese Bros. Co. v. Chaney Rickard, 1915 OK 611, 145 P. 1119 19

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