Earl v. Earl
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by Lura Earl against Beatrice Earl and others. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by Lura Earl against Beatrice Earl and others. Judgment for defendants, and plaintiff brings error. This action was begun on November 11, 1913, to set aside a judgment of divorce wherein Frank B. Earl, who died before the present action was instituted, obtained a divorce from the plaintiff herein, in the district court of Oklahoma county, in 1895. The case was tried on an agreed statement of facts, those material to this decision being as follows: “It is hereby stipulated and agreed that in 1895 Frank B. Earl instituted…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). For the purpose of this opinion it will be assumed that the affidavit for service by publication in the divorce action of 1895 was insufficient, and that service by publication in that action was void. This presents the question whether or not the judgment of the circuit court of Davies county, Mo., was res judicata, and therefore an estoppel upon the present plaintiff in this action. The preliminary question arises whether the courts of one state have jurisdiction to declare the judgment of another state void. While there is some…
2Cases cited9 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Knowles v. The Gaslight and Coke CompanySupreme Court of the United States · 1874
- Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1914
- Mastin v. GraySupreme Court of Kansas · 1878
- Woodworth, County Clerk v. Town of HennesseySupreme Court of Oklahoma · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Baker v. LeavittSupreme Court of Oklahoma · 1915
- Sharp v. SharpSupreme Court of Oklahoma · 1916
- Ely Walker Dry Goods Co. v. SmithSupreme Court of Oklahoma · 1916
- Haven v. TrammellSupreme Court of Oklahoma · 1920
- Scott v. AbrahamSupreme Court of Oklahoma · 1916
10 more not listed; retrieve them via the Exa API.