Hudson v. Ely
Supreme Court of Oklahoma
Error from District Court, Noble County; Wm. M. Bowles, Judge. Action by Frank Hudson against Mathew M. Ely and others. From an order setting aside judgment for plaintiff, he brings error. On January 26, 1909, plaintiff in error, in the county court of Pawnee county, obtained a judgment against Mathew M. Ely, the Arkansas Valley & Western Railway Company, the Arkansas Valley Townsite Company, and PI. C. Planna.
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Error from District Court, Noble County; Wm. M. Bowles, Judge. Action by Frank Hudson against Mathew M. Ely and others. From an order setting aside judgment for plaintiff, he brings error. On January 26, 1909, plaintiff in error, in the county court of Pawnee county, obtained a judgment against Mathew M. Ely, the Arkansas Valley & Western Railway Company, the Arkansas Valley Townsite Company, and PI. C. Planna. A transcript of this judgment was filed with the district clerk of Noble county, March 19, 1909, and on the 13th day of November thereafter execution was issued by the district clerk…
1Opinion of the Court
Opinion by
SPIARP, C.
(after stating the facts as above). The only question necessary for a determination of this case is: Did the district court of Noble county have jurisdiction, on motion, to vacate and set aside the judgment of the county court of Pawnee county? The judgment, a transcript of which was filed in the district court of the former county, upon its face shows that personal service of summons was had upon each of the defendants, and that the county court had both jurisdiction of the subject-matter and of the several defendants. No complaint is made of the regularity of the…
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