Legal Opinion

Rodgers v. Nichols

Supreme Court of Oklahoma

Decided September 6, 1905PublishedCited by 16 opinions

Error from the District Court of Logan County; before Jno. II. Burford, Trial Judge. STATEMENT OE EACTS. This was an action brought by the plaintiff in error in the district court of Logan count)", to annul a decree of divorce which was granted by the same court on April 1, 1895, to her husband, William E. Bodgers, plaintiff, alleging that said decree was obtained upon service by publication, and that she never had any notice or knowledge of the proceedings, although her…

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Error from the District Court of Logan County; before Jno. II. Burford, Trial Judge. STATEMENT OE EACTS. This was an action brought by the plaintiff in error in the district court of Logan count)", to annul a decree of divorce which was granted by the same court on April 1, 1895, to her husband, William E. Bodgers, plaintiff, alleging that said decree was obtained upon service by publication, and that she never had any notice or knowledge of the proceedings, although her place of residence and post office address were well known to her husband; and that he had failed and neglected to mail to…

1Opinion of the Court

Opinion of the court by

Hainer, J.:

It appears from the record that the decree of divorce in this case was obtained upon publication service, the notice being published in a local newspaper, based upon the affidavit of the plaintiff that the defendant was a non-resident of the Territory of Oklahoma.

Upon the trial of the cause in the court below, the plaintiff in error testified that some time in the summer of 1889 her husband, William E> Eodgers, left their home in West Virginia for the purpose of coming to Oklahoma to secure a homestead under the government laws. That he remained in Oklahoma…

2Cases cited4 opinions

  1. Johnson v. ColemanWisconsin Supreme Court · 1868
  2. Bomsta v. JohnsonSupreme Court of Minnesota · 1888
  3. Lewis v. LewisSupreme Court of Kansas · 1875
  4. Missouri Pacific Railway Co. v. SharittSupreme Court of Kansas · 1890

3Cited by16 opinions

  1. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  2. Seal v. BanesSupreme Court of Oklahoma · 1934
  3. H. F. Wilcox Oil & Gas Co. v. WalkerSupreme Court of Oklahoma · 1934
  4. Dennis v. HarrisSupreme Court of Iowa · 1915
  5. Le Clair v. Calls HimSupreme Court of Oklahoma · 1925

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