Threadgill v. Board of Ed. of City of Coalgate

8 Citing cases

  1. Anderson v. Miller

    172 Okla. 480 (Okla. 1935)   Cited 8 times

    "A general demurrer admits the truth of all of the facts well pleaded in the petition and the petition must be liberally construed, and all such facts must be taken as true for the purpose of the demurrer, and where a pleading states facts upon which the pleader is entitled to any relief, under the law, the general demurrer should be overruled." Brookshire v. Burkhart, 141 Okla, 1, 283 P. 571; Nale v. Herstein, 84 Okla. 35, 202 P. 284; Threadgill v. Board of Education, 85 Okla. 121, 204 P. 1100. The allegations contained in this petition concerning the transactions between the employees of this board and the superintendent of the schools or the standing committee for the selection of teachers could not be a contract for two reasons, to wit: (1) The lack of legal authority on the part of those negotiating with the teachers to execute the contract on behalf of the board; and (2) the fact that these transactions all probably took place prior to the beginning of the fiscal year for which the contract was intended to apply.

  2. First Nat. Bank of Ada v. Elam

    126 Okla. 93 (Okla. 1927)   Cited 18 times
    In First National Bank of Ada v. Elam, 126 Okla. 93, 258 P. 892, 900 (1927), it is made clear that the "good faith" defense applies to a mortgagee's refusal to accept a tendered payment in full.

    "The allegations of a petition, when challenged by a general demurrer, must be construed liberally in favor of the pleader, and such demurrer admits the truth of all allegations well pleaded, and if any facts are stated which entitle the pleader to any relief, the demurrer will be overruled." See, also, Dies v. Bank, 100 Okla. 205, 229 P. 474; Folsom v. Mid-Continent Life Ins. Co., 94 Okla. 181, 221 P. 486; Schreiner v. City Nat. Bank, 76 Okla. 76, 183 P. 905; Nale v. Herstein, 84 Okla. 35, 202 P. 284; Bush v. Mo. State Life Ins. Co., 86 Okla. 182, 207 P. 317; Threadgill v. Board of Education, 85 Okla. 121, 204 P. 1100. "Where a pleading states any facts upon which the pleader is entitled to any relief under the law, a general demurrer should not be sustained."

  3. Moore v. Porterfield

    113 Okla. 234 (Okla. 1925)   Cited 9 times
    In Moore v. Porterfield, 113 Okla. 234, 241 P. 346, this court noticed the general rule that the discretionary powers of public officials would not be controlled by injunction, and there stated the exception to be that injunction would be issued only "in case of a gross abuse of such discretion, or where it appears that such action is founded on fraud, corruption, improper motive, plain disregard of duty, gross abuse of power, or violation of the law."

    Under this assignment of error the real question presented is, Did the petition state facts sufficient to constitute a cause of action and entitle the plaintiffs to the relief sought? If it did, the grounds of error assigned by the plaintiffs are well taken. This court has repeatedly announced the following rule as stated in the case of Threadgill et al. v. Board of Education of City of Coalgate, 85 Okla. 121, 204 P. 1100: "In considering a general demurrer, the allegations in the petition must be taken as true.

  4. Myers v. Purdy

    234 P. 638 (Okla. 1925)   Cited 5 times
    In Myers v. Purdy (1925) 108 Okla. 147, 234 P. 638, it appears that the jurisdictional defect in the judgment being collaterally attacked appeared on the face of the judgment roll.

    The rule is well established in this jurisdiction that when the petition of the plaintiff is challenged by a general demurrer, such petition must be liberally construed and all of its allegations taken as true for the purpose of the demurrer. Newman v. City of Muskogee et al., 84 Okla. 147, 202 P. 1006; Jackson et al. v. Moore et al., 79 Okla. 59, 191 P. 590; Threadgill et al. v. Board of Education of City of Coal-gate, 85 Okla. 121, 204 P. 1100; Nale v. Herstein et al., 84 Okla. 35, 202 P. 284; Edwards v. School District No. 222, 82 Okla. 188, 200 P. 143. A petition challenged by general demurrer must be held sufficient if any facts therein stated entitle the plaintiff to any relief, and if the petition states several causes of action in several counts, if any of the counts state facts sufficient to constitute a cause of action, though such facts may not entitle the plaintiff to the entire relief prayed for, such petition is good against a general demurrer.

  5. Dies v. Bank of Commerce of Sapulpa

    229 P. 474 (Okla. 1924)   Cited 30 times

    "A general demurrer admits the truth of all the facts well pleaded in the petition and the Petition must be liberally construed and all such facts must be taken as true for the purpose of the demurrer and where a pleading states facts upon which the pleader is entitled to any relief, under the law, a general demurrer to the same should be overruled." Folsom v. The Mid-Continent Life Ins. Co. et al., 94 Okla. 181, 221 P. 486; Schreiner v. City Nat. Bank, 76 Okla. 76, 183 P. 905; Nale v. Hernstein et al., 84 Okla. 35, 202 P. 284; Bush v. Mo. State Life Ins. Co., 86 Okla. 182, 207 P. 317; Threadgill v. Board of Education, 85 Okla. 121, 204 P. 1100. Applying this rule to the petition in the instant case, we find that it is alleged that the plaintiff borrowed $6,000 from the defendant bank, and that the bank required him to execute his note for $7,350 for the use of said money, or a total of $1,350 more than the amount he received under said loan, payable at maturity with interest thereon at the rate of ten per cent. from and after maturity; that said note matured within six months from January 10, 1920, and that he executed a mortgage on his lands for the sum of $7,350 as security for the payment of said amount; that before maturity he went to the bank and offered and tendered to the bank $6,300, the $6,000 being for the principal and the $300 being the interest at ten per cent. on said principal for the full term of six months; that said bank refused to accept the said sum of $6,300, and exacted of him and required him to pay the full sum of $7,350, or $1,050 more than the legal rate of interest for the use of said money; tha

  6. Hoffman v. Deskins

    221 P. 37 (Okla. 1923)   Cited 7 times

    A demurrer admits the truth of all facts well pleaded and the petition must be liberally construed and all its allegations taken as true for the purposes of the demurrer. Where a pleading states facts, upon which the pleader is entitled to any relief under the law, a general demurrer to the same should be overruled. Schreiner v. City National Bank, 76 Okla. 76, 183 P. 905; Nale v. Hernstein et al., 84 Okla. 35, 202 P. 284; Bush v. Mo. St. Life Ins. Co., 86 Okla. 182, 207 P. 317; Threadgill v. Bd. of Ed., 85 Okla. 121, 204 P. 1100; Robt. Folsom et al. v. Mid-Continent Life Ins. Co. et al., 94 Okla. ___, 221 P. 486. The petition in this case alleges that the judgment in this case was taken by default "in chambers," without the knowledge of the defendant or his attorneys, and that the facts were not presented to the court and the court was imposed upon by the plaintiff and misled into rendering the default judgment and the judgment would not have been rendered had the facts been presented to the court.

  7. Folsom v. Mid-Continent Life Ins. Co.

    94 Okla. 181 (Okla. 1923)   Cited 19 times
    In Folsom v. Mid-Continent Life Ins. Co., 94 Okla. 181, 221 P. 480, Conditt v. McKinley, 94 Okla. 265, 221 P. 1007, Martin v. Hostetter, 59 Okla. 246, 158 p. 1174, and Richmond v. Robertson, 50 Okla. 635, 151 P. 203, the order of sale did not run in the name of the state of Oklahoma.

    A demurrer admits the truth of all the facts well pleaded, and the petition must be liberally construed, and all its allegations taken as true for the purpose of the demurrer. Where a pleading states facts upon which the pleader is entitled to any relief, under the law, a general demurrer to the same should be overruled. Schreiner v. City National Bank, 76 Okla. 76, 183 P. 905; Nale v. Herstein et al., 84 Okla. 35. 202 P. 284; Bush v. Mo. State Life Ins. Co., 86 Okla. 182, 207 P. 317; Threadgill v. Board of Education, 815 Okla. 121, 204 P. 1100. The demurrer to this petition being in the nature of a general demurrer, the above rules of construction must be applied to the petition of plaintiffs in error to vacate and set aside the sale in this action.

  8. Security Nat. Bank of Tulsa v. Geck

    220 P. 373 (Okla. 1923)   Cited 9 times

    "Where a petition states several causes of action in several counts, if any of the counts in the petition state facts sufficient to constitute a cause of action, though such facts may not entitle the plaintiff to the entire relief prayed for, a general demurrer to such petition should not be sustained." In Threadgill et al. v. Board of Education, 85 Okla. 121, 204 P. 1100, this court said: "It is the duty of the court, in considering a general demurrer, to apply the law to the facts stated in the petition.