HORATH v. PIERCE

No. 44106.

506 P.2d 548 (1973)

Donnie Ray HORATH, Appellant, v. John Theophilus PIERCE, Appellee.

Supreme Court of Oklahoma.

January 30, 1973.


Attorney(s) appearing for the Case

Brown, Hackler & Wright, McAlester, for appellant.

Lambert, Roberts & Jaques by Frank H. Jaques, Ada, for appellee.

George B. Fraser, Norman, for amicus curiae.


BERRY, Justice.

This appeal involves the validity of the trial court's dismissal of appellant Horath's cross-petition against appellee Pierce, the original and principal defendant below. The only issue is whether cross-defendant Horath was required to prepare and cause a summons to be issued and served on defendant Pierce before the court could hear Horath's cross-petition. The resolution of this issue depends upon this Court...

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