Bixby v. Bixby

IRWIN, Justice.

In this action, plaintiff in error, Elizabeth G. Bixby, hereafter referred to as “plaintiff”, seeks a divorce from defendant in error, Tams Bixby, III, hereafter referred to as “defendant”, on the grounds of gross neglect of duty.

The summons issued in this case was personally served on defendant in Muskogee County, Oklahoma. Following service of said summons, defendant filed a motion denominated “Motion To Quash And Plea To The Jurisdiction” wherein he alleged that the summons should be quashed for the reason that the trial court had “neither venue nor jurisdiction over” the…