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AUTRY v. DISTRICT COURT OF MUSKOGEE COUNTY

No. 43695.

459 P.2d 865 (1969)

Beverly AUTRY, Plaintiff in Error, (Petitioner) v. DISTRICT COURT OF MUSKOGEE COUNTY, Oklahoma, and Cecil Robertson, Special Judge of said Court, Defendants in Error, (Respondents).

Supreme Court of Oklahoma.

October 14, 1969.

Attorney(s) appearing for the Case

Harley E. Venters, Robert D. Crowe, Oklahoma City, for plaintiff in error.

R. Forney Sandlin, Muskogee, for defendants in error.

JACKSON, Justice.

This original proceeding involves an intolerable conflict of jurisdiction between the District Courts of Oklahoma and Muskogee Counties in separate maintenance and divorce actions. The problem arises because in actions in which venue is based upon the residence of plaintiff, the applicable venue statute, 12 O.S. 1965 Supp., Sec. 138, requires only that the plaintiff in a separate maintenance action shall...

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