Filtsch v. Curtis , 205 Okla. 67 ( 1950 )

On Rehearing.

HALLEY, J.

(dissenting). Our attention has been called by the plaintiff in error, in her petition for rehearing, to the fact that she pleaded and proved in this case her disallowed claim, and by virtue of such she was entitled to a judgment against the administrator of the estate of Mary R. F. Curtis for the amount of the judgment obtained against said Mary R. F. Curtis, then Barber, in the district court of Lincoln county on July 11, 1941, for the principal sum of $762.09 and interest, attorney fees and costs. I am of the opinion that her petition was broad enough to entitle her to that relief, and that the same was sustained by her proof. I think it is error not to give her a judgment against the administrator, and I dissent from the majority opinion in its failure to do so.