Legal Opinion

Brown v. Hillman

Supreme Court of Oklahoma

Decided May 9, 1911No. 852PublishedCited by 2 opinions

Error from District Court} Oklahoma County; Geo. W. Clark, Judge. Action by Abner B. Brown, as trustee of Ezra S. McLean and as executor of Pamelia E. Wilson, against Roscoe S. Hill-man, Alice B. Beach, and J. W. Webb and R. L. Robards, executors of the estate of Roscoe S. Hillman. Judgment for defendants, and plaintiff brings error.

1Opinion of the CourtKane, J.

This was an action upon a foreign judgment, commenced by the plaintiff in error, against Roscoe S. Hillman. Summons was issued and served on said Hillman, and said Hill-man filed his answer in said cause, denying the allegations of the petition, and as an affirmative defense alleged that he was not served with summons in the state wherein said judgment was rendered against him, and that he never appeared in person or by attorney, and that, if personal judgment was rendered against him, the same was obtained through fraud and misrepresentation. Plaintiff’s reply was a general denial. After the…

2Cases cited11 opinions

  1. Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
  2. Harris v. First Nat. Bank of BokchitoSupreme Court of Oklahoma · 1908
  3. Boyes v. MastersSupreme Court of Oklahoma · 1911
  4. Curry v. Kansas & Colorado Pacific Railway Co.Supreme Court of Kansas · 1897
  5. D. M. Osborne & Co. v. CaseSupreme Court of Oklahoma · 1902

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3Cited by2 opinions

  1. Missouri, O. & G. Ry. Co. v. GentrySupreme Court of Oklahoma · 1912
  2. Dickinson v. AbbSupreme Court of Oklahoma · 1918

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