Shanholtzer v. Thompson
Supreme Court of Oklahoma
Error from, District Court, Nowata County; T. L. Brown, Judge. Action by J. T. Thompson and another against P. H. Shan-holtzer.
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Error from, District Court, Nowata County; T. L. Brown, Judge. Action by J. T. Thompson and another against P. H. Shan-holtzer. Judgment was rendered for plaintiffs, and defendant having thereafter moved to strike from the files certain affidavits and to vacate the judgment and be allowed to defend, and his motions having been' denied, he brings error. citing: Warner v. Warner, 11 Kan. 123. citing: 1 Bailey on Jurisdiction, § 31; Forman v. Carter, 9 Kan. 674; Post v. Colman, 9 How. 64; People v. Spalding, 6 Conn. 587.
1Opinion of the CourtDuNN, J.
January 24, 1908, defendants in error, as plaintiffs, filed their petition in the district court of Nowata county, against plaintiff in error, P. PI. Shanholtzer. The Tecord shows that on the same day summons was issued, but that thé same was never returned showing service. On March 6, 1908, there was filed in the office of the clerk of the district court an affidavit by the clerk showing that on the 24th day of January, 1908, on a praecipe duly filed, summons was issued under -the seal of the court to the sheriff of the county; also, an affidavit by the sheriff of the county that he directed…
2Cases cited4 opinions
- Thompson v. HigginbothamSupreme Court of Kansas · 1877
- Swearingen v. HowserSupreme Court of Kansas · 1887
- Schoen v. SunderlandSupreme Court of Kansas · 1888
- Tootle, Hanna & Co. v. SmithSupreme Court of Kansas · 1885
3Cited by5 opinions
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- Carolina v. MontgomerySupreme Court of Oklahoma · 1919
- Ramsay Motor Co. v. WilsonWyoming Supreme Court · 1934
- Hobbs v. Prudential Property & Casualty Co.Court of Civil Appeals of Oklahoma · 1993
- Shumake v. HaggardSupreme Court of Oklahoma · 1938