Pratt v. Pratt
Supreme Court of Oklahoma
Error from District Court, Canadian County; Geo. W. Clark, Judge. Action by Charles IT. Pratt against Nellie IT. Pratt. Judgment for plaintiff, and defendant brings error. On the 18th day of April, 1906, the defendant in error Charles PI. Pratt, brought an action for divorce on the grounds of abandonment, against the plaintiff in error, Nellie H. Pratt, in the district court of Canadian county, Okla., and procured service by filing an affidavit for service by publication.
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Error from District Court, Canadian County; Geo. W. Clark, Judge. Action by Charles IT. Pratt against Nellie IT. Pratt. Judgment for plaintiff, and defendant brings error. On the 18th day of April, 1906, the defendant in error Charles PI. Pratt, brought an action for divorce on the grounds of abandonment, against the plaintiff in error, Nellie H. Pratt, in the district court of Canadian county, Okla., and procured service by filing an affidavit for service by publication. The notice was published in the El Reno Democrat on June 4, 1906. Judgment was rendered in favor of defendant in error on…
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
(after stating the facts as above). This case is similar in many respects to the case of Ziska v. Avey et al., 36 Okla. 405, 122 Pac. 722, the assignments of error presenting only two questions: First, that the court did not have jurisdiction of the defendant; and, second, that the petition did not state a cause of action; and in that case it was held:
“Where a party against whom a judgment is rendered files a motion to vacate the judgment upon the ground that the court has no jurisdiction of the defendant, and said motion is based upon nonjurisdictional grounds as…
2Cases cited3 opinions
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Rogers v. McCord-collins Mercantile Co.Supreme Court of Oklahoma · 1907
- Thompson v. Caddo County BankSupreme Court of Oklahoma · 1905
3Cited by14 opinions
- Chicago, R. I. & P. R. Co. v. AustinSupreme Court of Oklahoma · 1916
- Morgan v. KarcherSupreme Court of Oklahoma · 1921
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Richardson MacHinery Co. v. ScottSupreme Court of the United States · 1928
- Wm. Cameron & Co. v. Consolidated School Dist. No. 1Supreme Court of Oklahoma · 1914
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