CITY OF OKMULGEE v. BERRYHILL

No. 37912.

331 P.2d 940 (1958)

CITY OF OKMULGEE, Oklahoma, Plaintiff in Error, v. David BERRYHILL, by and through his father and next friend, Jeff Berryhill, Defendant in Error.

Supreme Court of Oklahoma.

November 5, 1958.


Attorney(s) appearing for the Case

George R. Inglish, Okmulgee, for plaintiff in error.

Bailey & Pitchford, By J.I. Pitchford, II, Okmulgee, for defendant in error.


DAVISON, Justice.

This action was commenced by David Berryhill, by and through his father and next friend, Jeff Berryhill, as plaintiff, against the City of Okmulgee, Oklahoma, as defendant. The parties will be referred to as they appeared in the trial court.

The defendant's general demurrer to the petition was sustained and plaintiff was allowed a specified time within which to amend. After the expiration of said time, without any amendment having been made...

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