Herrington v. Dykes

STUBBLEFIELD, Judge.

This is an appeal from an order of the trial judge sustaining a demurrer by plaintiff, Mary E. Dykes, to an application to vacate decree of divorce filed by defendant, Hollis Dykes.

On June 26,1980, plaintiff filed a petition for divorce in Beckham County, Oklahoma, alleging incompatibility between herself and defendant, and requesting temporary support alimony and the custody of the couples’ six-year-old minor child. Summons was returned on June 30, 1980, with the notation that Deputy Sheriff Keith Crum had personally served the defendant with a copy of the petition on the…