Oklahoma Reports Volume 56

Oklahoma Reports Volume 56

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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. 1919 edition. Excerpt: ...is found in Boling 12. Campbell, 36 Okla. 677, 128 Pac. 1093, as follows: "From a consideration of the foregoing, it is apparent that no proper or legal service of summons was had upon the minors in this case, and it goes without saying that an infant cannot waive issuance and service of summons; nor can any person, not even his guardian, do so for him. An adult can waive jurisdiction of his person, and will do so if he appears in court and pleads to the merits; but with an infant it is different, and in a case where personal service upon an infant is required, such as the one at bar, he cannot waive such service; nor can his guardian or guardian ad litem, or his attorney, waive it for him. 10 Ency. Pl. & Pr. 612; 22 Cyc. 681. Nor can any person appear for an infant until he is brought into court according to law. 10 Ency. Pl. & Pr. 671. Section 5565, Comp. Laws 1909 (section 4688, Rev. Laws 1910), reads as follows: 'The defense of an infant must be made by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a probate (county) judge. The appointment cannot be made until after the service of the summons in the action as directed in this Code.' It thus appears that a guardian ad litem can be appointed only after a service of summons in the action as required by the provisions of statute." In the first paragraph of the syllabus in this case we find a most wholesome and beneficent rule, which would be well for the courts, and all other persons having business with minors, or their property interests, to keep well in mind: "It is the duty of courts to guard with jealous care the rights of minors in actions brought against them. No...show more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236845889
  • 9781236845887