Legal Opinion · Dissent

Irwin v. Irwin

Supreme Court of Oklahoma

Decided September 7, 1894Published

Error from Payne Gounty.

1DissentScott, J.

I must dissent from the opinion of the court in this case, and, with due respect for the judgment of my associates, I shall take strong grounds against their decision as wholly unsupported by authority, such as to warrant the constimction placed upon the points of law involved. I shall speak as briefly as possible to present my views of the law of the case.

I am called upon to concur in a holding that the probate courts of Oklahoma Territory, under the present statutes, have no jurisdiction in actions for divorce, at a time when the question is not properly before this court. The court…

2Cases cited18 opinions

  1. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  2. Green v. WellerMississippi Supreme Court · 1856
  3. Schooner Paulina's Cargo v. United StatesSupreme Court of the United States · 1812
  4. Winter v. JonesSupreme Court of Georgia · 1851
  5. Arthur v. MorrisonSupreme Court of the United States · 1878

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