Harn v. Cole
Supreme Court of Oklahoma
Okla. T. Error from the Probate Court, Oklahoma County. Action on transcript of judgment by Luella Cole against W. F. Harn. Judgment for plaintiff, and defendant brings error. On March 17, 1904, in the probate court of Oklahoma county Qkla.
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Okla. T. Error from the Probate Court, Oklahoma County. Action on transcript of judgment by Luella Cole against W. F. Harn. Judgment for plaintiff, and defendant brings error. On March 17, 1904, in the probate court of Oklahoma county Qkla. T., Luella Cole, as plaintiff, instituted an action against \V. F. Harn, as defendant, on a transcript of judgment rendered in the court of common pleas for the county of Richmond, state of Ohio, on a note bearing date of August 1, 1890, due 60 days thereafter, purporting to be signed by George U. Harn and W. F. Harn as makers. Said note was in words and…
1Opinion of the CourtWilliaMS, C. J.
(after stating the facts as above). Plaintiff in error contends as one of his grounds of demurrer that the Ohio court did not have jurisdiction of said cause, and consequently, such judgment being void, the probate court of Oklahoma county was without authority to render judgment thereon. In his answer he set up the same defense, alleging that no personal service was ever had upon him; he being at that time a resident of the territory of Oklahoma, and not a resident of nor within the state of Ohio. The statutes and laws of Ohio being neither pleaded nor proved in the court below, such laws…
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