Opinion
No. 25353.
September 17, 1935.
(Syllabus.)
Justices of the Peace — Lack of Jurisdiction to Issue Summons to Another County.
"A justice of the peace is without jurisdiction to issue a summons to a county other than that in which the case is pending, unless the action includes a defendant served in the county where the suit is pending." Stuart State Bank v. Waters, 105 Okla. 178, 232 P. 70.
Appeal from District Court, Lincoln County; Hal Johnson, Judge.
Action between Nancy J. Brown et al. and the Magnolia Pipe Line Company. From the judgment, the latter appeals. Reversed.
B.B. Blakeney, Hubert Ambrister, and W.R. Wallace, for plaintiff in error.
Jarrett Jarrett, for defendants in error.
The question involved in this case is governed by the decision in Shell Petroleum Corporation v. Orbie T. Ross, 173 Okla. 524, 49 P.2d 184, this day decided. Accordingly the judgment is reversed, with instructions to enter an order overruling the demurrer and enjoining the defendants and each of them from seeking to enforce in any manner the judgment rendered by W.G. Morris, justice of the peace.
McNEILL, C. J., and BUSBY, PHELPS, and GIBSON, JJ., concur.