Oklahoma Appellate Court bulletin Volume 1 ; Cases determined in the Supreme Court and in the Criminal Court of Appeals in the state of Oklahoma …

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt : . . . the will, an…

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt : . . . the will, and that the devisor, Joe Primous, had no interest in the land at the time of his death does not appear. /There is nothing in the record from which this can be ascertained with certainty. In this state of the record the conclusive presumption is in favor of the finding of the trial court. Hall vs. Bruner, et al. , 36 Okl. 474. Upon the whole record the judgment of the trial court seems to be right and should be affirmed. (By the Court i Adopted in whole. ) By Commission Number Three In the Supreme Court of the State of Oklahoma. Supreme Court Comminius : Division No. 3 (Oct. 17, 1916. ) No. 7825. –Hart-Parr Company, Plaintiff in Error, vs. Joseph T. Duncan, Defendant in Error. SYLLABUS. 1. While the statutory proceeding upon a motion lu discharge an attachment is entirely interlocutory, not affecting the merits of the original action, and a “trial” in a strict legal sense is not contemplated, yet when the grounds of attachment are controverted by motion to discharge, a hearing upon the affidavits or other evidence adduced is required, and a determination of the questions of fact and law must necessarily be had. Upon such hearing the rules of law ordinarily governing the trial of such questions ought properly to be applied by the court or judge to whom the motion is presented. 2. Record examined and HELD, error to sustain a demurrer to the evidence offered to sustain the ground of attachment set forth in the affidavit. Error from the District Court of Tillman County, T. P. Clay, Judge. Action by Hart-Parr Company against Jos. ‘ T. Duncan. Order discharging attachment, and plaintiff appeals. REVERSED AND REMANDED. Mounts & Davis, Fred R. Ellis, Chester L Long, Austin M. Cowan, Attorneys for Plaintiff in Error. Wilson & Roe, Attorneys fo. . .

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