This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...asking conclusive, 65 O. S. 178. Service or default finding of conclusive even where the record otherwise affirmatively shows the contrary in all cases where the Judgment is collaterally attacked. 6 N. P. N.S. 553. 559: 18 O. D. 130, affd. no report. Telephone franchise, finding of probate court as to ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...asking conclusive, 65 O. S. 178. Service or default finding of conclusive even where the record otherwise affirmatively shows the contrary in all cases where the Judgment is collaterally attacked. 6 N. P. N.S. 553. 559: 18 O. D. 130, affd. no report. Telephone franchise, finding of probate court as to the terms of occupancv of streets by telephone company is not subject to, 47 Bull. 171. Want of jurisdiction--matters outside of pleadings. Tho judgment of a court upon a subject of litigation within its jurisdiction but not brought before it by any statement or claim of the parties, is null and void and may be collaterally impeached. 66 O. S. 290, 314; citing 44 O. S. 497. as to part valid part stands. A decree of the court one part of which Is within the Jurisdiction of the court and the balance without jurisdiction, need not always stand as an entirety, if the void is separable from the valid part of the order will stand. 72 O. S. 60. 75. of person. A personal judgment rendered against one over whom the court has no Jurisdiction Is void and may be collaterally impeached. 66 O. S. 290, 314. citing 33 O. 8. 236; 56 O. S. 450. Where record shows, evidence aliunde can not be Introduced to contradict. 7 C. C. N.S. 205; 18 C. D. 137. O. C. 5 12044 docs not authorize the determination of the rights of a minor without making him a party to the action. 20 N. P. N.S. 116; 27 O. D. N.P. 510. The issue of a tenant in tall are interested persons within the meaning of G. C. 12080, and such issue as survive their parent will not bo bound by a Judgment In a proceeding to which they were not parties. 20 N. P. N.S. 439; 28 O. D. N.P. 228. Wills, probate of, not subject to. If court had Jurisdiction. 12 C. D. T54. Attachment--evidence of debt. Note...
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