BRAINE v. CITY OF STROUD

No. 39816.

385 P.2d 428 (1963)

W. F. BRAINE and Elsie M. Braine, Husband and Wife, as joint tenants, Plaintiffs in Error, v. CITY OF STROUD, a Municipal Corporation, Gerald Hendricks, Leo White, Jim Patton, A.A. Mauldin and Clyde Allen, Defendants in Error.

Supreme Court of Oklahoma.

September 17, 1963.


Attorney(s) appearing for the Case

P.D. Erwin, Chandler, for plaintiffs in error.

Richard James, Stroud, for defendants in error.


WELCH, Justice.

Plaintiffs in error have appealed from the judgment of the trial court sustaining a demurrer to their petition for damages. The action on appeal was instituted May 9, 1961. Plaintiff had on October 7, 1960, in a separate case, obtained judgment in a mandamus proceeding against the defendants and a copy of that judgment was attached to the petition in this cause. The petition showed that in the mandamus proceeding...

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