Racey v. Racey and Davis
Supreme Court of Oklahoma
Error from the District Court of Grant County; before John' L. McAtee, Trial Judge. STATEMENT OE PACTS. Myrtle A. Racey, one of the defendants in error, on the-,2nd day of November, 1900, instituted in the district court of Grant county, Oklahoma Territory, an action for divorce against Clement L. Racey, 'the plaintiff in error.
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Error from the District Court of Grant County; before John' L. McAtee, Trial Judge. STATEMENT OE PACTS. Myrtle A. Racey, one of the defendants in error, on the-,2nd day of November, 1900, instituted in the district court of Grant county, Oklahoma Territory, an action for divorce against Clement L. Racey, 'the plaintiff in error. Service' was made by publication, and subsequently, on the 20th day of December, 1900, a decree was rendered in said action granting a divorce to said Myrtle A. Racey from said Clement L. Racey, and awarding her the custody of the minor child of said parties, and…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
This case, in our opinion, turns entirely upon the first assignment of error, to-wit: The district court-erred in sustaining the demurrer of the defendant, Myrtle-A. Eaeey to plaintiff’s petition. The plaintiff, in his brief, in the outset makes the statement that this is a direct attack' upon the judgment rendered by the district court of Grant county; hence no presumptions can be indulged in to sustain the decree. We think this statement is error, as the proceed ings shown by the petition, it seems, to us, is a collateral, and not a direct attack. Mr. Black…
2Cases cited1 opinion
- Buzard v. HoustonSupreme Court of the United States · 1886
3Cited by4 opinions
- Wilson v. DuncanSupreme Court of Oklahoma · 1941
- Board of Com'rs of Okmulgee Co. v. ArmstrongSupreme Court of Oklahoma · 1927
- Denning v. Van MeterSupreme Court of Oklahoma · 1955
- Ingram v. Board of Com'rs of Pottawatomie CountySupreme Court of Oklahoma · 1930