SWEET DEMPSTER & CO. v. WALTER S. FIELD & C. S. SAXTON

SWEET DEMPSTER & CO. v. WALTER S. FIELD & C. S. SAXTON
1903 OK 99
74 P. 1135
13 Okla. 257
Decided: 09/10/1903
Supreme Court of Oklahoma

SWEET, DEMPSTER & CO., a corporation
v.
WALTER S. FIELD AND C. S. SAXTON, Partners, trading as FIELD & SAXTON, J.

G. FESSENGER, JR., Receiver, JEROME HILL COTTON COMPANY AND ACME MILLING CO., Interpleaders. PHELPS, DODGE & PALMER COMPANY v. FIELD et al. HALSELL FRAZIER GROCER COMPANY v. FIELD et al. R. G. HARSEIM v. FIELD et al.

¶0 June, 1903, Decided

Errors from the District Court of Pottawatomie County; before Bayard T. Hainer, Trial Judge.

Frederick King and J. Y. Thompson, for plaintiffs in error.

D. B. Madden, L. G. Pitman and Selwyn Douglas, for defendants in error.

BEAUCHAMP, J.:

¶1 The facts in these cases are identical with the facts in the case of J. Foster & Company v. Field & Saxton et al., No. 1271, also pending in this court, save that in that case suit was begun before the appointment of a receiver, and in these four cases suit was begun afterwards, no attachment having been sued out or levied in any of them. The decision and opinion in the case No. 1271, just decided, necessarily disposes of these cases, and the order of the district court of Pottawatomie county sustaining the demurrer and the judgment for costs against plaintiffs in error is affirmed, with costs to plaintiffs in error.

¶2 Hainer, J., who presided in the court below, and Burwell, J., not sitting; Gillette, J., absent; all the other Justices concurring.