Horath v. Pierce

BERRY, Justice.

This appeal involves the validity of the trial court’s dismissal of appellant Horath’s cross-petition against appellee Pierce, the original and principal defendant below. The only issue is whether cross-defendant Horath was required to prepare and cause a summons to be issued and served on defendant Pierce before the court could hear Horath’s cross-petition. The resolution of this issue depends upon this Court’s interpreting, for the first time, the meaning and effect of 12 O.S.Supp. 1967 § 153, relating to requisites for the issuance of summons.

In order properly to explain how…