FRAZIER et al. v. NICHOLS et al.

FRAZIER et al. v. NICHOLS et al.
1915 OK 410
149 P. 1181
48 Okla. 33
Case Number: 4615
Decided: 06/01/1915
Supreme Court of Oklahoma

FRAZIER ET AL.
v.
NICHOLS ET AL.

Syllabus by the Court.

¶0 It is the service of the summons in error, and not the return, that gives this court jurisdiction, and where summons in error was issued December 4, 1912, and regularly served December 12, 1912, a motion to dismiss will be denied, although the summons was not returned. until May 3, 1915.

E. O. Clark, of Stigler, and Robt. E. Lee, of Leflore, for plaintiffs in error.
Rennie, Hocker & Moore, of Purcell, for defendants in error.

BRETT, C.

¶1 This case was tried before R. McMillan, district judge of McClain county, and resulted in a judgment in favor of the defendants in error, who were defendants in the lower court. The plaintiffs in error bring the case to this court by petition in error and transcript.

¶2 The case was docketed in this court on December 4, 1912, and on that date summons in error was issued, but was not returned and filed in this court until May 3, 1915. However, the return of the officer shows that each of the defendants in error were duly served December 12, 1912. While the long delay in making the return is evidence of inexcusable negligence, yet the return shows the service to have been regular, which gives this court jurisdiction of the cause.

¶3 We recommend that the motion to dismiss be overruled.

PER CURIAM.

Adopted in whole.