(Download) "Mcelreath v. Mcelreath" by Court of Criminal Appeals of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: Mcelreath v. Mcelreath
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 08, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1 This action was brought by Evelyn Ann McElreath, hereinafter referred to as plaintiff, against James Dorsey McElreath, hereinafter referred to as defendant, for divorce, custody of children, child support and alimony. Judgment was rendered for plaintiff, and defendant has appealed. As his first proposition of error, defendant contends that the District Court of Tulsa County is without jurisdiction to enter any decree in this matter for the asserted reasons that plaintiff was not a resident of Tulsa County, defendant was not a resident of Tulsa County, and plaintiff is not mentally capable of prosecuting this action. This action was instituted by the filing of plaintiffs petition on May 26, 1956, apparently at 10:30 oclock a.m. on said date. Thereafter defendant filed a special appearance and plea to the jurisdiction of the court alleging that neither plaintiff nor defendant were residing in Tulsa County on the date the action was filed and further alleging that the Superior Court of Creek County had jurisdiction of the cause, the parties, the property and the children, and that such court had exercised its jurisdiction prior to the filing of the instant action. A hearing was held on June 21, 1954, on the question of jurisdiction, at which time considerable evidence was introduced by both parties. As a result of such hearing, the trial court found that on May 26, 1954, and for more than one year prior thereto, the plaintiff was an actual resident of Tulsa County, Oklahoma; that on May 26, 1954, and for some time prior thereto, defendant was an actual resident of Tulsa County, Oklahoma; that the instant action was filed in the District Court of Tulsa County, at 10:36 oclock a.m. on May 26, 1954; that on the same date an action for divorce was filed by the defendant herein in the Superior Court of Creek County, Oklahoma; that the evidence was inconclusive as to the exact time of the filing of the case in Creek County, Oklahoma, and that the court therefore was unable to determine which case was actually filed first in point of time on said date. The court concluded that the question of the time of the filing of the respective cases was moot in view of the finding that defendant was a bona fide resident of Tulsa County at the time he filed his action in Creek County, and that in view of the findings as to the residence of the parties, the plea to the jurisdiction of the court should be denied, and an order was entered accordingly.