Romig v. Gillett
Supreme Court of Oklahoma
Error from the District Court of Garfield County; before Jno. L. MoAtee, District Judge. STATEMENT OF THE CASE. It appears from tbe record and the briefs of counsel, that on the second day of February, 1895, Hon A. Gillett made, executed and delivered to John Romig his promissory note for $700.00, payable two years after date, bearing interest at the rate of twelve per cent per annum, payable semi-annually in advance.
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Error from the District Court of Garfield County; before Jno. L. MoAtee, District Judge. STATEMENT OF THE CASE. It appears from tbe record and the briefs of counsel, that on the second day of February, 1895, Hon A. Gillett made, executed and delivered to John Romig his promissory note for $700.00, payable two years after date, bearing interest at the rate of twelve per cent per annum, payable semi-annually in advance. This note was secured by a real estate mortgage executed by the said Don A. Gil-lett upon the east half of the northeast quarter of sectiuu eighteen, township twenty-two, range…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
We think that the court properly sustained the motion to vacate and set aside the judgment on the ground that the affidavit for service of publication was wholly insufficient, and therefore the court had no jurisdiction of the person of the defendant in error. The only service had in this case was by publication. The defendant in error, Myrtle Gillett, filed no pleading and made no appearance in the action. Judgment was entered against her by default. . The affidavit in this case was made by the attorney of record of the plaintiff. It states that, “upon…
2Cases cited4 opinions
- Shields v. MillerSupreme Court of Kansas · 1872
- Norton v. KearneyWisconsin Supreme Court · 1860
- Harris v. ClaflinSupreme Court of Kansas · 1887
- Grouch v. MartinSupreme Court of Kansas · 1891
3Cited by2 opinions
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
- Arnold v. JoinesSupreme Court of Oklahoma · 1915