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59 Okla. 32

157 P 925

Brown v. Davis

Supreme Court of Oklahoma

Decided May 23, 1916

Supreme Court of Oklahoma · decided 1916-05-23

<p>Error from District Court, Grady County;: F. B. Swank, Assigned Judge.</p> <p>Action by John X. Davis, guardian of James Davis and others, against T. W. Brown, and others. Judgment for plaintiffs, and defendants bring error.</p>

Cited by 1 later decisions — most recently April 1923

1 state decisions

Relies on Oklahoma Fire Ins. Co. v. Kimple · Starr v. Haygood · Hastings v. Donnell

Good law ✅— No negative treatment on recordhow we know

Judgment on super-sedeas bond · Decided 1916-05-23

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¶1 Opinion by

RITTENHOUSE, C.

¶2 The plaintiff, John X. Davis, guardian of James Davis, John Henry Davis, and Benjamin Davis, minors, obtained judgment in the sum of $1.828, with interest at 8 per cent, per annum from February 9, 1915, and costs of suit, against T. W. Brown, defendant, in the district court of Grady county, Okla. This proceeding in error was commenced to review such judgment. A supersedeas bond trass executed, approved, and filed by T. W„ Brown, as principal, 'and R. H. Sutherland and A. G. Click, as sureties, and execution on such judgment stayed. The cause was dismissed by this court April 26, 1916, for failure to prosecute, and a motion has been made-herein for judgment against the sureties o» the supersedeas bond.

¶3 Under authority of Long v. Lang & Co., 38 Okla. 342, 152 Pac. 1078; Starr v. Haygood, 53 Okla. 358, 156 Pac. 1171, aud Oklahoma Fire Ins. Co. v. Kimple, 57 Okla. 398, 157 Pac. 317, the motion must be sustained. Judgment is therefore entered in this court against R. H. Sutherland and A. G. Click, sureties, in-the sum of $1.828, with interest at 8 per cent, per annum from February 9,1915, and for the-costs of suit,, for which execution may issue-out of the trial court.

¶4 By the Court: It is so ordered.

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