Reister v. Land
Supreme Court of Oklahoma
Error from the District Court of Payne County; before Jno-II. Burford, Trial Judge. STATEMENT OE EACTg. This case was commenced in the district court of Payne county, Oklahoma Territory, on the 13th day of January, 1902, by the defendant in error, against the plaintiffs in error, to recover damages in the sum of five hundred dollars, for a breach of covenant in a warranty deed.
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Error from the District Court of Payne County; before Jno-II. Burford, Trial Judge. STATEMENT OE EACTg. This case was commenced in the district court of Payne county, Oklahoma Territory, on the 13th day of January, 1902, by the defendant in error, against the plaintiffs in error, to recover damages in the sum of five hundred dollars, for a breach of covenant in a warranty deed. Plaintiffs in error being non-residents of the Territory of Oklahoma, service was had upon them 'by publication. Affidavit for service by publication was filed with the clerk of the district ■court on the same day…
1Opinion of the Court
Opinion of the court by
Inwin, J.:
The first assignment of error is:
“The court had no jurisdiction, because the affidavit for garnishment was void, in that it did not state that the amount claimed was over and above all oil-sets.”
Plaintiff in error insists that this is a mandatory and jurisdictional requirement, and cannot be cured by amendment. It is also urged that if the affidavit is amendable, it cannot be made by an attorney, but must be made by the party. We do not think the first position is tenable; wo think a defective affidavit in attachment is subject to amendment the same as any…
2Cases cited10 opinions
- Atchison Topeka & Santa Fé Railroad v. PlunkettSupreme Court of Kansas · 1881
- Raymond v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1897
- Ferguson v. SmithSupreme Court of Kansas · 1872
- Tracy v. GunnSupreme Court of Kansas · 1883
- Burton v. RobinsonSupreme Court of Kansas · 1870
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3Cited by4 opinions
- Collier v. GannonSupreme Court of Oklahoma · 1914
- Richardson v. CarrSupreme Court of Oklahoma · 1917
- Mitchell v. FaheySupreme Court of Oklahoma · 1925
- Robinson v. BruceSupreme Court of Oklahoma · 1924