Hockaday v. Jones
Supreme Court of Oklahoma
vError from the District Court of Lincoln County; before Jno. H. Burford, District Judge. Action by M. F. Jones, plaintiff, against Rollin M. Hockaday, W. H. Harmon, and E. J. Rowe, partners, and Frank Gebke, sheriff of Lincoln county, to vacate and annul a judgment, to vacate and annul certain garnishment proceedings, and to restrain the enforcement of executions issued upon said judgment and garnishment proceedings.
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vError from the District Court of Lincoln County; before Jno. H. Burford, District Judge. Action by M. F. Jones, plaintiff, against Rollin M. Hockaday, W. H. Harmon, and E. J. Rowe, partners, and Frank Gebke, sheriff of Lincoln county, to vacate and annul a judgment, to vacate and annul certain garnishment proceedings, and to restrain the enforcement of executions issued upon said judgment and garnishment proceedings. From a judgment for plaintiff, defendants prosecute this appeal.
1Opinion of the Court
Opinion of the court by
Tarsney, J.:
Harmon, Hockaday & Rowe brought suit in the district court of Lincoln county against Jones to recover upon an account for goods and merchandise sold, in the sum of $575.31. The action was commenced by publication, no personal service being obtained. An affidavit, sufficient in form, and regular upon its face, was made, alleging that the defendant was a non-resident of the Territory, and that service of summons could not be made on defendant, and that plaintiffs, with due diligence were unable to make service of summons; that debts were owing the defendant in…
2Cases cited22 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Phillips v. NegleySupreme Court of the United States · 1886
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1897
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3Cited by25 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Jefferson v. GallagherSupreme Court of Oklahoma · 1915
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Lookabaugh v. BowmakerSupreme Court of Oklahoma · 1908
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