Gillett v. Romig
Supreme Court of Oklahoma
Error from the District Court of Garfield County; before James K. Beauchamp, Trial Judge. STATEMENT OP PACTS. On February 2, 1895, Don A. Gillett executed and delivered to John Romig his promissory note for $700, 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 James K. Beauchamp, Trial Judge. STATEMENT OP PACTS. On February 2, 1895, Don A. Gillett executed and delivered to John Romig his promissory note for $700, 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 said Don A. Gillett, on the east half of the northeast quarter of section 18, township 22 north, range 6 west of the Indian meridian, being in Garfield- county, Oklahoma. On February 6, 1895, Don A.…
1Opinion of the Court
Opinion of the court by
HaiNER, J.:
The record in this case discloses that the affidavit upon which service by publication was based, and which was made upon information and belief, was untrue, and that at that time, and long prior thereto, Myrtle Gillett was a resident of Kingfisher county, and by the exercise of the slightest diligence this fact could have been ascertained.. We do not wish to be understood as holding in this case that a mere defective affidavit, upon which service by publication is based, would be sufficient to render a judgment based upon it absolutely void, but when the…
2Cases cited6 opinions
- Terrell v. AllisonSupreme Court of the United States · 1875
- Balduff Et Ux. v. GriswoldSupreme Court of Oklahoma · 1900
- Romig v. GillettSupreme Court of the United States · 1902
- Bryan v. BrasiusSupreme Court of the United States · 1896
- Burke v. Malaby and GossnelSupreme Court of Oklahoma · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Wagg v. HerbertSupreme Court of Oklahoma · 1907
- Turk v. PageSupreme Court of Oklahoma · 1918
- Greco v. FosterSupreme Court of Oklahoma · 1954
- Page v. TurkSupreme Court of Oklahoma · 1914
23 more not listed; retrieve them via the Exa API.