Legal Opinion

Nicholson v. Midland Savings & Loan Co.

Supreme Court of Oklahoma

Decided June 25, 1908No. 2095, Okla. TPublishedCited by 4 opinions

Error from District Court, Nolle County; B. T. Hamer, Judge. Action to quiet title by K. P. Nicholson and others ‘against the Midland Savings & Loan Company of Denver, Colo. Judgment for defendant, and plaintiffs bring error. On the 19th day of November, 1903, the plaintiffs in error as plaintiffs instituted an- action in the district court of Noble county, territory of Oklahoma, to quiet title to certain real estate located in the city of Perry.

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Error from District Court, Nolle County; B. T. Hamer, Judge. Action to quiet title by K. P. Nicholson and others ‘against the Midland Savings & Loan Company of Denver, Colo. Judgment for defendant, and plaintiffs bring error. On the 19th day of November, 1903, the plaintiffs in error as plaintiffs instituted an- action in the district court of Noble county, territory of Oklahoma, to quiet title to certain real estate located in the city of Perry. Affidavit for service by publication was made by H. C. Nicholson, one of said plaintiffs in said case, on said day, and filed with the clerk of said…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above). The affidavit for service on the defendant, the Midland Savings & Loan Company, a foreign corporation, failing to allege that it had not complied with the requirements of the law permitting foreign corporations to do business in said territory, by designating an agent (and continuing such designation in force) upon whom service could be had, the judgment rendered thereon was void. Nicoll v. Midland Savings & Loan Company of Denver, Colo., ante, p. 591, 96 Pac. 744. The publication service herein does not state the facts necessary to show that due diligence…

2Cases cited1 opinion

  1. Nicoll Et Ux. v. Midland Savings Loan Co.Supreme Court of Oklahoma · 1908

3Cited by4 opinions

  1. Griffin v. JonesSupreme Court of Oklahoma · 1914
  2. Wheatland Grain & Lumber Co. v. DowdenSupreme Court of Oklahoma · 1910
  3. Choi v. TurkSupreme Court of Oklahoma · 1916
  4. Connor v. Tailor & LeaveretteSupreme Court of Oklahoma · 1912

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