Choctaw Cotton Oil Co. v. Wilson Grocery Co.

3 Citing cases

  1. Kelly v. Citizens Farmers Nat. Bank

    174 Okla. 380 (Okla. 1935)   Cited 9 times
    In Kelly v. Citizens Farmers National Bank of Chickasha, 1935, 174 Okla. 380, 50 P.2d 734, 736, the defendant Thomas, in response to a letter from plaintiff's attorney, went to the office of the attorney in Chickasha to discuss settlement of a note owing the plaintiff bank by Thomas and others.

    It is, therefore, obvious that unless the summons and service had upon the defendant Thomas was valid, summons could not properly have been issued to Caddo county for service upon the other defendants there. See Grady v. Rice, 98 Okla. 166, 224 P. 321; Oklahoma State Bank of Ada v. Reed, 121 Okla. 103, 247 P. 402. The general rule with reference to fraudulent procurement of process is stated in 50 C. J., page 488, section 92, as follows:

  2. Chase v. State

    276 P. 486 (Okla. 1929)   Cited 1 times

    The defendant in error has filed in this cause a motion to dismiss the appeal for the reason the case-made was not served within the time allowed by law or by a valid order of the court extending the time in which to serve the same. The trial court was without jurisdiction to make the order of November 26, 1928, extending the time in which to make and serve case-made, for the reason the time extended in the order made on October 25, 1928, had expired, and the order by the trial court on the 26th day of November, 1928, is void. Petty et al. v. Foster et al., 122 Okla. 152, 252 P. 836; Choctaw Cotton Oil Co. v. Wilson Grocery Co., 121 Okla. 103, 247 P. 974; Tanner v. Crawford, 80 Okla. 183, 195 P. 138; Lovejoy v. Graham, 33 Okla. 129, 124 P. 25. The order of November 26, 1928, being void, the last day upon which the plaintiff in error could make and serve case-made was therefore November 24, 1928. Where the plaintiff in error fails to make and serve case-made within the time allowed by law or within the time as extended by a valid order of the court, such case-made is a nullity and brings nothing before this court for review. Petty et al. v. Foster et al., supra; Shinn v. Oklahoma City Building Loan Ass'n, 130 Okla. 173, 266 P. 435; Jones v. Blanton, 130 Okla. 200, 266 P. 438.

  3. American Nat. Bank v. National Bank of Claremore

    119 Okla. 149 (Okla. 1926)   Cited 7 times

    — was entitled to have summons issued to Carter county for service upon the defendants H. A. Ledbetter and the Guaranty State Bank. Counsel for the defendant American National Bank has called to our attention the recent case of Oklahoma State Bank of Ada v. Reed et al., opinion filed April 20, 1926, 121 Okla. ___, 247 P. 402, which case, it is said, is decisive upon the question of the jurisdiction of the district court of Rogers county. In the opinion in the cited case Branson, V. C. J., says: