The Legal News (Oklahoma City, Okla.), Vol. 33, No. 227, Ed. 1 Thursday, October 20, 1938 Page: 2 of 4
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I
Page Two
Rules of The
District Court
Okla County
91301
In Re: Rules of the District Court
for the 13th Judicitil District in
and for Oklahoma County Okla-
homa RULES ADOPTED SEPTEMBER
Is 1937
RULE NO 1
Rules Additional Orders to—!)
vote of a majonty of the Judges
of the District Court the Presid
trig Judge may from time to time
enter orders not inconsistent with
these rules for the general conduct
of business
RULE NO 2
Six Divisions—This court shalt
be divided into six divisions each
of which shall be presided over by
a District Judge The divisions
shall be numbered beginning with
No 1
RULE NO 3
Court Daily Sem Ions Time of--Until
further order of the court
the forenoon sesaion shall begin
St 9:00 A M and shall close at
1200 M and the afternoon se
lion shall begin at 1:30 P M and
shall close at 500 P M
RULE NO 4
Judges Uniformity of Ruling—
When a queetion of law practice
or procedure has been tried in any
division and the same question
arises in a division before another
Judge and the ruling thereon be
adverse to the first ruling the
question shall be considered at a
conference of the Judges and a
majority opinion of the Judges
shall control until decided by the
Supreme Court
RULE NO b
Judges Presentation of Matters
to—No motion order judgment
journal entry or matter of any
kind pertaining to a case shall be
submitted to the Judge of any di-
vision at any time except at the
opening of court in the forenoon
or in the afternoon unless the
Judges of the division shall other-
wise order Preliminary and emer-
gency matters in unassigned cases
shall be presented to the Trial
Judges at the opening of the fore-
noon or afternoon megaton and at
no other time except by coneent
of the Presiding Juoge No plead-
ing order or matter pertaining to
any case shall be presented to the
Judge in any division when be is
engaged in the trial of a case or
during recess except prepared in
structions in the particular case
on trial
RULE NO 6
Presiding Judge Selection
The District Judges shall meet on
the last Saturday of each month
or as soon thereafter as the judges
may determine and they shall se
lect a presiding judge who shall
serve for one month or until a
successor shall have been selected
- A notice giving the name of the
presiding judge shall be posted in
a conspicuous place in the clerk's
office
RULE NO 7
Prealdhig Judge Duties of as to
Unassigned Cases — Emergency
and preliminary orders in cues
which have not been assigned to 1
A particular division shall be pre-
milted and beard by the presid-
ing Judge unless be shall refer the 1
same to another Judge
RULE NO- 3
Cases Assignment of—Cases
filed in the District Court shall be
assigned to the various divisions
of the court in the following man-
ner:
On each Monday morning be- i
fore nine o'clock the Presiding
Judge shall furnish the Clerk with I
'an order stating to which division
the first case is to be aosigned
said first case always to be the
first cue on the docket which bits
not been assigned to any division
The Clerk shall then assign the
first case on said order to the di-
vision designated by the Presiding
Judge and he shall then assign I
in rotation beginning with the
next division number to each of
the divisions all other cases as
they appear numerically until all
the eases filed up to and at the
close of the office of the Court
Clerk on the preceding Saturday
shall have been assigned In the
event of the absence of the Pre
siding Judge the next Judge in
rotation shall make said orders
The Clerk shall note the division
number of each case as it is as-
signed on the appearance docket
Immediately under the court num-
ber of each case and the plead-
ings thereafter filed by either par
ty shall carry such division num-
ber in addition to the case num-
ber When a case has been as
signed to a division the Judge
thereof shall have full charge of
said case When a case shall come
to trial but the case shall not go
to final judgment or be dismissed
without prejudice and said cause
of action shall again be rented
the case shall be returned to the
division to which it was first as-
signed without regard to its num
bar I a Judge of a division to
which a case shall have been as-
signed shall be disqualified or be
unable for any other reason to
hear or try said cause then said
cause may be returned to the Pre-
(doing Judge for further assign-
ment or order Cases assigned
for trial shall be entered in writing
on the trial docket of the division
to which it is assigned The docket
shall state the number of the case
the title and the date on which It is
set for trial The Clerk shall enter
upon the appearance docket the
nature of the verdict or judgment
entered any continuance and any
other order or disposition made of
the case
RULE NO 9
Trial Docket Entering Cause
On—One or more parties to a
civil action may request the Clerk
90 enter a case upon the trial
docket when such case is at issue
or the cause is at issue between
two or more parties and other
parties are in default If there be
more than two parties to the 'suit
RULE NO 10
Cases Not to be Set on Certain
Days--No cases for trial to a
jury shall be set on Friday or
Saturday of any week Judea may
be excused on Thursday until the
following Monday except for the
purpose of finishing a case on
trial or the Court in any division
may otherwise expressly order
No cases will be tried on Friday
unless the court in a particular
division shall so order
RULE NO
Judgments Default -Judgments
In cases in which service has been
bad but In which there has been
no appearance may be taken at
1 such tirnes as the Judge ot the
DiVi RIOEI to whicb it is assigned
may deem proper but no Judgment
by default shall be entered in any
case againet a party who ha ap-
peared in the caae but who an
' be in default except upon notice
in whting served upon the attor-
ney of said party if any or upon
the party by mail if no attorney
of record stating the time when
and the division in which the ap
plication will be made for Judg
ment The court may require prom
of service of aucb notice If the
Judge of a division be absent at
the time fixed in the notice to
take default judgment the mat-
ter shall stand continued until the
opening hour of the next regular
day of the court over which said
Judge presides or it may be con-
tinued by order of the presiding
Judge in the absence or inability
of the Division Judge to bear the
same Applications for default
Judgment must be presented at the
opening of the court in the
forenoon or the opening of the
court in the afternoon unleas
the Judge thereof may fix
a different time No applica-
tion shall be presented or heard
while the Judge is engaged in the
trial of a case or hearing a mo-
tion or demurrer or writing in-
structions When a cue has been
regularly assigned for trial upon
a calendar of any division of this
court judgment may be entered
by default against any party wag-
out service of notice on the day
set for trial
RULE NO 12
Motion dockets Preparation—
The Clerk shall furnish and keep
for each division of the court a
motion and demurrer docket When
a motion or demurrer is filed in
an action which has been assigned
the Clerk shall enter it upon the
proper docket of that division If a
motion be filed before the action
is assigned it shall be entered up-
on the proper motion docket of
the division to which it has been
regularly assigned without delay
All motions and demurrers stand
for hearing on the first motion day
in the division to which the case
is assigned If a motion or demur-
rer is not presented for bearing
when called the court may in its
discretion dismiss continue or rule
upon it All motions demurrers and 1
cases submitted to the court shall
be tried as soon as possible When
any matter or cause is submitted
to the court and taken under ad-
visement the Judge shall notify
counsel of the decision reached
When a motion or demurrer is
ruled on or any cause decided I
counsel for the prevailing party
shall within ten days prepare a
Journal entry of the ruling or de- 1
cision and present it to the counsel
for adverse parties and if it be (
approved it shall be presented to I
the court for signature If counsel
are unable to agree upon the form t
of journal entry the prevailing 1
party shall give notice and pre-
sent the matter by motion at the
next motion day of division in
which said matter Is heard
RULE NO 13
Motions ind Demurrers Disposi- I
lion Of—When an attorney is en-
gaged in presenting a motion or I
demurrer in one division 'the court
may pass any motion or demurrer t
in any other case in another divi- (
sion in which he appears as at-
torney until he shall have finished
in the division in which be is en-
gaged but no motion or demurrer
shall be continued except for a
good cause and the court may
dispose of any motion or demur-
rer in tho event the attorney de- t
parts without having presented his t
views on any motion or demurrer t
in any case in which he is inter-
ested RULE NO 14
Pleadings Frivolous—If a plead-
ing be filed in a case which I
is frivolous the Court shall
thereupon tax the cost of
the party litigant filing said (
motion and shall order that no I
further pleadings be filed until af-
ter said litigant shall be paid the
costs in said cause up to said date
Any pleading filed after the ad-
Judication of a frivolous plea a
aforesaid shall be stricken from
the files on proper motion if costs
have not been paid
RULE NO 13
Pleadings Copies el—On the
filing of any civil action one copy r
of the petition with exhibits shall I
be deposited with the Clerk if r
there be more than one party de- J
ferniant the plaintiff shall deposit c
with the clerk as many more
copies as the clerk 'nay ask At- e
torneys filing any motion or de- E
murrer or other pleading subse-
quent to the petition shall deliver
or mail to opposing counsel of
record a copy thereof on the same
day Upon failure of a party to t
furnish additional copies the clerk
may prepare such copies as may s
be needed and charge the same as a
costs in the case
RULE NO 16
Motion Dockets Hearing Dates d
-Motions and demurrers will be t
beard in Divisions 1 and 3 on the
first and third Fridays in each
month hereafter at 1:30 o'clock 8
P M: in Division 6 on the same r
-days of the month but at 9 o'clock a
A M in divisions 2 and 5 on the s
second and fourth Fridays in each o
month hereafter at 9 oclock A 21 a
in division 4 on the same days of u
the month but at 1:30 o'clock P
Except that during the months of
July and August motion dockets
shall not be set except on special
order of the Judge bearing the
same
RULE NO 17
Criminal Division — A criminal ri
division Is created In this court p
and the Judges shall rotate in pre- e
siding at the trial of criminal t
cases Each Judge shall preside for d
a period of two weeks except as a
may be necessary to complete the a
case on trial At the conclusion b
criminal cases if any cases re- it
of the two weeks trial calendar for
main the trial of the name shall
El:325614083e d-Ward V Sher- A A tntionrnle'r WriLivardisuu
RULE NO 20
Jurors Excused—No juror shall
be excused from service by any
other than the presiding judge
and then only air good and legal
cause may the time of appearing
for service be postponed In such
event the presiding judge shall
make a written memorandum
therecl fixing the return date
which shall be given to the Court
Clerk to be filed in a file kept for
that purpose in his office Such
memorandum shall not be re-
corded The presiding judge shall
be notified by the Court Clerk by
proper notation on the jury list of
all jurors reporting who have been
called for a prior date and excused
until a later date
RULE NO 21
Jurors Assigned to Trial Courts
—All jurors not engaged in a case
are to report to the jury assembly
room on the 5th floor by 9:00
o'clock a m and remain there
until called for service in a pir-
ticular court
When a juror is excused by the
court he is serving in be shall re-
port immediately to the jury as-
sembly room and there remain un
tit he is again called for service
In a particular court
The presiding judge shall Im-
panel all new jurors in the jury as-
sembly room and the names of all
present and qualified ljurors shall
be placed in the jury box of the
presiding judge and a list of them
shall be kept by the clerk and a
list kept by the presiding judge
The jury box and the names of
the jurors therein and a list there-
of shall be taken by the presiding
judge to his court room and kept
in his custdy
Upon request by a judge for a
jury in a civil ease the presiding
judge shall direct the drawing of
eighteen names from the jury box
In open court and a duplicate list
thereof shall be made as said
names are drawn The clerk shall
then take one of said lists to the
jury assembly room and send said
eighteen jurors to the court re-
questing said jury The other list
of said eighteen jurors so selected
shall be kept by the presiding
judge
In criminal cases the same pro-
cedure rhall be used except that
a number in excess of eighteen
may be drawn in the discretion of
the presiding Judge
When said jurors are present in
the requesting court their names
shall then be placed In the indi-
vidual court room jury box shak-
en up and twelve names drawn
therefrom and said jurors shall
take their seats in the jury box
As these jurors are excused other
names are drawn from said box
and in the event said eighteen
names are exhausted uetore said
jury is complete the judge of said
court shall request the presiding
judge to send him three or more
additional jurors which jurors
shall be selected as bereinbefore
set forth
RULE NO 27
Divorce Cases Assignment Val-
ver Hearing –Divorce cases shall
be assigned' as other cases and
beard In the division to which as-
signed unless otherwise ordered
as in these rules provided No di-
vorce shall be granted until the
case shall be at issue unless the
defendant shall In writing waive
the time In which to plead by a
written instrument duly signed and
acknowledged before an officer
authorized to take acknowleciN
merits The court will not regard
a waiver as valid unless signed
acknowledged and filed at leaI
one day after the petition Is filed
and no divorce case shall be beard
until the same has been on file
at least one day
RULE NO 25
Caseamade Extenalon of Time
For—When notice of appeal is
given as provided by law the
Court will grant an extension ot
thirty days in addition to the
statutory created time In which to
perfect an appeal but no further
extension will be granted unless
the case-made shall have been or-
dered within said period of time
and upon proper showing there-
after additional time may be ex
tended for the purpose of perfect-
ing an appeal
RULE NO 24
be carried into the next criminai
trial docket unless the Trial
Judge otherwise shall dispoee of
the same No civil cme shall be
tlet for trial in the division in
which criminal cases are belt
tr'ed unless the Court shall es-
pecially order except non-jury ot
divorce matters may be set during
the bearing of the criminal divi-
sion but the same snail not inter-
fere with the Jury trials of crimi-
nal cases which have the prefer-
ence or right-of-way
It1-111 NO IS
Criminal Arraignments
A ppoilittilent Of Comm' Aii ar-
raignment of prisoner shall be
before the Judge presiding in the
criminal division unless be shall
otherwise order
He shall hear all requests fof
appointment of counsel for in-
digent prisoners and make all or
ders relative thereto as provided
by law
RULE NO 19
Juries Calling Publication of
Lists—The presiding Judge sham
by written order directed to the
Court Clerk from time to time as
needed certify the number ot
Jurors that may be required for
either a grand or petit Jury and
shall direct said Jury to be drawn
from the jury box as provided by
law Said drawing shall be held in
open court and in the court of the
presiding judge or in such court
room as he may designate and in
his presence Such order shall be
made and drawing bad at a time
not less than twelve or more than
fifteen days next prior to the date
on which said Jurors shall be or-
dered to report for duty
Upon the drawing of such jury
panel and after the sending out of
subpoenas so drawn and at the ex-
piration of one week therefrom and
more than four days next prior to
the date on which said jurors are
to report for service the court
shall deliver to the legal publica-
tions of this city and any other
publications in this county that
may desire the same a true and
correct list of the name of said
jurors so drawn and ordered to ap-
pear for service
1
1 any orilei snail issue in proeeed-
I trigs in aid ot execution and De
' fore any order in garnishment at
ter judgment shall issue the par
1 ty desiring such order shall first
iflake a deposit with the Clerk oi
$3 00 to cover costs provided the' e
is not sufficient amount of cosi
deposit already with the Clerk to
cover said proceedings
RULE NO 25
Attorneys Engaged in Several
Itivielons—When an attorney tit
engaged in the trial of a case la
one division any case In an
ither division in which ne Is an
attorney may be passed until ne
has finished the trial of the first
case but each at torney rims
'watch his case and notify the
Fria! Judge in the division il
which he has another case corn
ing on for trial immediately atter
he shall have completed the trial
of thecase in another division
RULE NO 28
Attorneys Notice by telephone
Attorneys may request the Court
Baliff of the division In which It
case is pending to call said attar
ney by telephone before his case
will be called for trial The tele
phone notice of tne Baliff is a
matter of convenience for attor
neys but le not regarded as an 1
absolute right and it becomes the
duty of attorneys to watch their
cases In the division to which they
are assigned for trial
RULE NO 27
Attorneys' Agreements — No
agreements bet w eon attorneys
shall be recognized unless reduced
to writing or made in open court
and a minute thereof be made
by the Clerk on the minutes tot
the division in which said cause is
pending
RULE NO 28
Courtrooms Use of—The use of
tobacco in any form by anyone
at any time in any of the District
Ccurt Rooms is forbidden All per-
sons are forbidden to scratch
alter or deface in any manner by
any means any of the furniture
equipment floors walls or ceiling
of said Court Rooms
RULE No 29
i Court Flies Not to be Removed
—Original papers shall not be re-
moved from the Clerk's office or
from the custody ot the clerk or
his deputies when they may have
the same in the Court Room for
the purpose of trial except that
a Judge or court reporter upon
giving a written receipt therefor
may receive them for official use
RULE NO SO
Rules ' Amendments to—These
riles may be amended by a ma-
jority vote of the Judges but such
amendments shall be published at
least once in a newspaper before
taking effect
RULE NO 81
Repeal — All rules heretofore
adopted are hereby repealed
RULE NO 82
Filing of Rules—The original
copy of these rules signed by the
fudges and attested by the Court
Clerk shall be filed and recorded
In the office of the Court Clerk
and entered in Volume 261 of the
appearance docket under Case No
94301 and the book and page num-
ber of the recording journal where
such rules and all amendments I
hereafter made thereto are re- i
corded shall be entered in the
same volume of the appearance
docket and under the same case i
number i
These rulesshall be in full force 1
and effect on and after three days (
i
from the date of such filing
The foregoing rules are adopted
and ordered attested and filed by
the Court Clerk this 13th day of
September 1937
1 BEN ARNOLD E
2 G H GIDDINGS s
t
3 SA51 HOOKER I
t
4 Frank P DOUGLASS
5 CLARENCE MILLS f
t
6 LUCIUS I3A BCOCK
(Court Seal) District Judges
(
ATTESTED: CLIFF MYERS 7
(980
NOTICE To CREDITORS
No 15438
Shite of Oklahoma Oklahoma County
ss
In the County Court of said County
and Stale
To the Creditors of W M Trait De-
teased: MI persons having claims against W
M Trail deceased are required to pre-
sent the same with the necessary
vouchers to the undersigned admints-
tratris at the office of Ed K Brook
516 Majestic Building Oklahoma City
in Oklahoma County Oklahoma with-
in four months of the date hereof or
same will be forever barred
Dated this 30th day of September
1938
LULA TRAIL Administratrix“
9-30-38 10-15-38
t 9941
NOTICE To CREDITORS
No 15442
State of Oklahoma Oklahoma County
In the County Court of said County
and State
To the Creditors of Conrad C B1 11
Deceased:
All persons having claims against
Conrad C Bill deceased are required
to present the same with the necessary
vouchers to the undersigned admmis-
tratrix at 501 First National Bank Bldg-
Oklahoma City Oklahoma In Okla-
homa County Oklahoma within four
months of the date hereof or same
will he forever barred
Dated this 4th dav of October 1938
MABLE BILL
Administratrix
10-4-38 e 10-19-38
0 W McKowert 2101 NW 190i I 06929—B1ack Gold Rettning Co v
THE LEGAL NEWS
a (10031
NOTICE BY Pt BLICATION
No 97056
In the District Court within and for
Oklahoma County State of Okla-
homa E M Bauch Plaintiff vs M McGrath
et al Defendants
The State of Oklahoma To: M Mc-
Grath The defendant above named will take
not&ce that L M Rauch plaintiff did
on the 6th day of October 1938 file
his petition in the District Court in
and for Oklahoma County Oklahoma
being case No 97058 against you as
defendant and that you must answer
said netition on or before the lath day
of November 1038 or said petition
will be taken as true and a judgment
and decree rendered in said cause
against you adjudging and decreeing
that said plaintiff is the owner of an
vested with the absolute and perfect
legal title in fee simple in and to
every part of the following described
real estate situate in Oklahoma Coun-
ty Oklahoma to-wit:
Lot Four (4) Block (3) Shartel
Boulevard Addition to Oklahoma
City Oklahoma according to the
official plat thereof
free and clear of every claim of yours
of any lien upon right title interest
claim estate or equity of in or to
said real estate or any part thereof
and adjudging and decreeing that you
have no such lien upon right title
interest claim estate or equity of in
or to satd real estate or any part
thereof: and that you are perpetually
enjoined and restrained from setting up
or asserting any such lien right title
interest claim estate or equity and
that the title of said plaintiff in and to
said real estate and every part thereof
is colleted and confirmed
Dated this 6th day of October 1938
CLIFF MYERS
(Seal) Court Clerk of Oklahoma
County Oklahoma
By J B MARSHALL
Deputy Court Clerk
H B Hoppa
Attorney for Plaintiff
10-6-38 10-28-38
(907)
NOTICE
State of Oklahoma Oklahoma County
ss In the District Court For and
Within Said County and State
In the Matter of the Petition of O A
Nichols Inc et al to Vacate That
Part of the Plaiting of Nichols Hills
Oklahoma Hereinafter Described
To the Property Owners of the Town
of Nichols Hills Oklahoma:
You and each of you are hereby no-
tified that on the 2Ist day of October
1938 at the hour of 9 o'clock A NI
or as soon thereafter as the same can
be heard the undersigned will pre-
sent to the District Court of Oklahoma
County Oklahoma in the District
Court room in said County Court
House in Oklahoma City their appli-
cation to vacate the platting of the
following described property in Nichols
Hills Oklahoma to-wit:
Lots Thirteen 1131 to Twenty-
five 125) both inclusive Block
Fourteen (14) Nichols Hills
that after the platting of said prop-
erty is vacated same will be replatted
with the Identical lot and block num-
bers and with the same dedication and
restrictions with the exception that
said restrictions will provide that
there may be built on said lots one
and one-half story residences in lieu
of the restrictions which now provide
for the ouilding of one story real
dences
That the plats hereto attached coviir
the property affected and which will
be refiled by the County Surveyor
All persons interested as owners ot
any lots in the Town of Nichols Hills
may appear at said time and object
thereto Is provided by law
Dated this 5th day of August 19lla
EMMA L FINDLAY
ELIZABETH FINDLAY
ETHEL MAYO
MRS NINA B MUNCIE
W F PETERSON JR
G A NICHOLS INC
G A NICHOLS INC
G A NICHOLS INC
G A NICHOLS INC
0-12-3a 10-21-38
(999)
NOTICE OF HEARING OF FINAL
ACCOUNT AND FOR DISTRIBU-
TION AND DiSCEIARGE
No 15216
State of Oklahoma Oklahoma County
ss
In the County Court within and for
said Courity and State
In the Matter of the Estate of Robert
K (ollins Deceased
Notice is hereby given that Lela
Collins administratrix of the estate of
Robert K Collins deceased having
filed in this Court her final account
of the administration of said estate and
her motion for distribution of said
estate and for final discharge of said
administratrix the hearing of the same
has been fixed by the Judge of said
Court for Wednesday the 26th day of
October 1938 at 130 o'clock P M at
the Court Room of said Court in the
County Court tioLge at Oklahoma
City in the County and State afore-
said and all persons interested In
said estate are notified then and there
to appear and show cause if any they
have why the said account should
not be settled and allowed and said
estate distributed and the administra-
trix discharged
Dated October 5 1938
C J BLINN
(Seal) County Judge
Moss & Powell
Attorneys
10-5-38 10-26-38
984)
NOTICE To CREDITORS
No 15429
State of Oklahoma Oklahoma County
es
In the County Court of said County
and State
To the Creditors of Sarah Craig Bailey
Deceased:
All persons havitig claims against
Sarah Craig Bailey deceased are re-
quired to present the same with the
necessary vouchers to the undersigned
administrator at the office of Hugh M
Bland 319 Cotton Exchange Building
Oklahoma City in Oklahoma County
Oklahoma within four months of the
(late hereof or same will be forever
barred
Dated this 1st day of October 1938
GEORGE: BAILEY
Administrator
10-1-38 10-16:38
tirmi
ke their seats in the jury box bS ORDER FOR HEARING PETITION
In the County Court of laid County
s these jurors are excused other and State
TO SELL REAL ESTATE
itors of Conrad C BM- State of Oklahoma Oklahoma County
imes are drawn from said box To the Cred
ADeltreaparerds:
ns having claims against In the County Court
id in the event said eighteen as
Lines are exhausted uefore said
Conrad C Bill deceased are required inothweehi Mnatetoperaosefdt
tir-t shall request the presiding vouchers o
he Estate of ton N
ry la complete the judge of sad i to present the same with the necessary
tpteuNtualetrhsnifaniersdaiakdinutindit thlet Court appearing to the tie fsi:dt 1 spf aechtti toonh oo If
tratrix at tIl
rst
(Ige to send him three or more Oklahoma City Oklahoma in Okla- J M Owen administrator of the es
Iditional jurors which jurors home County Oklahoma within four tate of Lon' N Owen deceased on
all be selected as hereinbefore months of the date hereof or same file herein that it is necessary to sell
will be forever barred the real estate belonging to said es-
t forth Dated this 4th day of October 1938 tate and described in said petition for
RULE NO 27 MABLE BILL the reasons and purposes in said peti-
1 Hearing —Divorce cases shall Divorce Cases Assignment War- Administratrix Lion set out
10-4-38 10-19-38 Therefore it is ordered by the
Court That all persons interested in
assigned' as other cases and i 995) the estate of the said Lon N Owen
-ard in the division to which as- NOTICE TO CREDITORS deceased appear before the County
No 13411 Court of the County of Oklahoma
med unless otherwise ordered State of Oklahoma lahoma Oklahoma County State of Oklahoma in the Court Room
In these rules provided No di- se thereof in said County end State on
rcto shall be granted until the In the County Court of said County the 31st day of October 1938 at 900
se shall be at issue unless the ToantireSte'arteed o'clock A M of said day then and
itors of George E Massey there to show cause if any they have
fendant shall In writing waive Jr Deceased: why an order as prayed for in said
e time In which to plead by a All persons having claims against petition should not be granted to the
-itten instrument duly signed and George E
redro8pirsessseehvi Jr Deceased
e terttec re
eeA the -said t administrator sedaltl either sIreal es-
knowledged before an officer "
necessary vouchers to the undersigned Or private sale for the reasons and and
ithorized to take acknowledx administratrix at Ism Petroleum Ride purnoses mentioned in said petition
ruts The court will not regard Oklahoma City Oklahoma in Okla- as he shall judge to he for the best
horn s County Oklahoma within four interest of said estate and of all par-
waiver as valid unless signed months of the date hereof or same will ties interested therein
knowledged and filed at leaI be forever barred It is the further order of the Court:
e day after the petition is (iled Dated thia 4h iv of October 1938 That cpotti3lige opflatrhees tihrdieta b&uptost posted in
ELIZABETH G MASSEY 1 y one
d no divorce case shall be beard Administratrix of which shall be at the court house
itil the same has been on file 10-4-38 10-19-38 where the hearing is to be held: that
a copy of this order be grryed person-
least one day 1971) ally on all persons interested in the
Kt:LE No 25 None? BY PUBLICATION estate any general guardian of a minor
Caseamade Extension of Time No so interested and any legatee devisee
ir--When notice of appeal is NtieWoodruff
e taher e m
by given that will his arid 0
Z heir of the deceased of the County at who are rest-
teas least ten days
ven as provided by law the mother and next frienod Mn s 13essie before the time set for said hearing:
urt will grant an extension ol Woodruff Cole file In the District !het copies of said interested be mailed to
irty days in addition to the ZilrrilhomofaOoktilathhoemlattIC:odtalnytyr11 71trattoebeort 8V1: son
10 arrensot resiSesnet1 i
olfl said iCeosutna:ve
ttutory created time In which to ma a Petition and Application pray- with postage thereon prepaid: and that
rfect an appeal but no further in8dthtCourt to
Bernard Louis s
i A:o7g him the tl 'poi rsthoen interested in tanddsraely estate any such
tension will be granted unless
s' rlights of majority concernintgf' con- known a copy of this order to show"
e case-made shall have been or- tracts and empowering him to transact cause shall be published for two sue-
red within said period of time timminsess ifindFeneenealawith the a romv ee ge- firsshsivethwgiltssonushotmy et:ee'rrpsretribt'c'ba--
d upon proper showing there age of maJority Pe lion of which notice shall notPbe less
Ler additional time may be ex nated this 28th day of September than c
all tleaLsir before the time fixed
lded for the purpose of perfect 19-'a BERNARD Loris woormurrir foll791isted this 2Ith day of September'
an appeal By MRS BESSIE WOODRUFF 1938
RULE O 24 COLE C J BLINN
Hie Mother and Next Friend ISeall County Judge 1
Executions Costa of -- Before s-211-n 10-14-34 9-28-311
10-31-311
- n mir ILCItrmport 2131 1031 1Oth I AR9213-111ack Gold Refininir Co v Conditioning Sales LIc
(993)
NOTICE B PCBLICATION
No 96718
In the District Court of Oklahoma
County Oklahoma
A P Van Meter Plaintiff U Donald
R Bonioey and Lillian 11 Bonfoey
Delendants
The State of Oklahoma to: Donald R
Bonfoey and Lillian D Bonfoey:
Said oefendants Donald R Bon-
foey and Lillian D Bonfoey will take
notice that said plaintiff A P Van
Meter did on the 18th day of Au-
gust 1938 file his petition In the
District Court in and for Oklahoma
County State of Oklahoma against
the said deiendants and that the said
Donald R Bonfoey and Lillian D Bon-
foey must answer said petition herein
on or before the 16th day of Novem-
ber 1918 or said petition will be taken
as true and a judgment rendered
In said action against said defendants
Donald R Bonfoey and Lillian D
Bonfoey for the sum of $102953 upon
a certain promissory note executea
by said Donald R Bonfoey and Lillian
D Bonfoey to G A Nichols Inc
which has been indorsed to and is
held by said plaintiff with Interest on
63831 of said sum from May 8 1934
at the rate of 10 per cent per annum
until paid and interest on 699122 of
said sum from November 8 1934 at the
rate of 10 per cent per annum until
paid and for $23313 attorneys' fee
and for costs Of suit and a further
judgment rendered in said action
against said defendants Donald
Bonfoey and Lillian D Bonfoey for
the foreclosure of a certain mortgage
securing said promissory note and of
even date therewith upon the follow-
ing described real estate situated in
Oklahoma County Oklahoma to-wit:
Lot Five (5) and the West Ten
(10) feet of Lot Six (6) in Block
Six (8) in University Place Addi
tion to Oklahoma City Oklahoma
as shown by the recorded plat
thereof
and adjudging that default has been
made in said mortgage that plaintiff
have a first lien on said premises to
the amount for which judgment will
be taken as aforesaid and ordering
said premises to be sold without ap-
praisement and the proceeds applied
to the payment of the amount due
plaintiff attorney fees and the costs
of suit and forever barring and fore-
closing said defendants from all right1
title estate interest property and
equity of redemption in or to said
premises or any part thereof
Dated thie 4th day of October 1938
CLIFF MYERS
(Seal) Court Clerk
By ELMO McCALLISTER
Deputy
Gill and Van Meter
Attorneys for Plaintiff
10-4-38 10-26-38
(10011
NOTICE OF HEARING OF FINAL
ACCoUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 14IS7
State of Oklahoma Oklahoma County
as
In the County Court within and for
said County and State
In the Matter of the Estate of Muriel
Pryor Deceased:
Notice is hereby given that H A
Wilkinson administrator of the estate
ot Muriel Pryor deceased having filed
In this Court his final account of the
administration of said estate and his
motion for distribution of said estate
and for final discharge of said admin-
istrator the hearing of the same has
been fixed by the Judge of said Court
for Thursday the 27th day of October
1938 at 9:00 o'clock A M at the Court
Room of said Court in the County
Court House at Oklahoma City in the
County and State aforesaid and all
persons interested in said estate are
notified then and there to appear and
show cause if any they have why
the said account should not be settled
and allowed and said estate distributed
and the administrator discharged
Elated October 5th 1938
C J BLINN
(Seal) County Judge
Whitten & Whitten
Attorneys
10-5-38 10-2-38
(989)
NOTICE OF SALE OF LANDS IN
PARTITION PROCEEDINGS
No 95259
In the District Court of Oklahoma
County Oklahoma
Nettie K Lewis et al Plaintiffs vs
Christine Bailey et al Defendants
Notice is hereby given that in pursu-
ance of an order of sale issued by Ben
Arnold District Judge in and for Okla-
homa County Oklahoma in the above
styled and numbered cause command-
ing me to sell
Lot 5 Block 1 Gast Heights Ad-
dition to Oklahoma City Oklahoma
pursuant to law in the same manner
as sale of real estate on execution and
said property having been duly ap-
praised by the appraisers according to
law in at the sum of $150000
Now Therefore notice is hereby
given that in pursuance of the com-
mands of said order of sale I will
offer for sale and sell for cash to the
highest bidder said lands and tene-
ments on the 7th day of November
1938 at 2:00 o'clock P M of said day
at the east front door of the courthouse
in the City of Oklahoma City in said
County and State
Witness My Hand this 3rd day of
October 1938
STANLEY ROGERS
Sheriff of Oklahoma County
State of Oklahoma
By CHAS McCAFFERTY
Undersheriff
W R Withington
Plaintiff's Attorney
10-3-38 11-7-38
NOTICE OF HEARING OF FINAL
ACCOUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 15191
State of Oklahoma Oklahoma County
as In the County Court Within and
For Said County and State
In the Matter of the Estate of Ray
Allen Young Deceased
I Notice is hereby given that Mary B
Young administratrix of the estate of
Ray Allen Young deceased having
filed in this Court her final account
of the administration of said estate
and her motion for distribution of said
estate and for final discharge of said
administratrix the hearing of the same
has been fixed by the Judge of said
Court for Tuesday the 25th day of
October 1938 at 9 o'clock a m at the
Court Room of said court in the
County Court House at Oklahoma City
in the County and State aforesaid and
all persons interested in said estate are
notified then and there to appear and
show cause if any they have why the
said account should' not be settled and
allowed and said estate distributed
and the administratrix discharged
Dated October 4 1938
C J BLINN
(Seal) County Judge
Bynum and Egnew
Attorneys
104-38 10-23-38
(988)
NOTICE To CREDITORS
No 15435
State of Oklahoma Oklahoma County
U
In the County Court of said County
and State
To the Creditors of R A Nicholson
Deceased:
Ali persons having claims against
R A Nicholson deceased are required
to present the same with the necessary
vouchers to the undersigned execu-
trix at 210li Vest Commerce Okla-
homa CD— to Oklahoma County Okla-
homa wittn four months of the date
hereof or so e will be forever barred
Dated thi ard clay of October 1938
MR LYDIA D NICHOLSON
Executrix
Hodge At Hodge
Attorneys
10-3-38 10-18-38
(1013)
Treasury Department Office lit Dis-
trict Supervisor Alcohol Tax Unit
Bureau of Internal Revenue Kansas
City Missouri Date of first publica-
tion October II 1938 Notice is hereby
given that on September 24 1938 one
1938 Ford Coupe Motor No 18-2417440
was seized In Oklahoma County Okla-
homa for violation of the Internal
Revenue Laws to-wit: Section 3450
U S Revised Statutes Any person
claiming an luterest In said property
must appear at the office of Investi-
gator in Charge' Alcohol Tax Utiit 408
Federal Building Oklahoma City Okla-
horns and file claim and cost b nd as
provided Lty Section 34$0 U S Revised
Statutes on or before November 10
MS otherwise the property will be
disposed of according to law John T
unty Judge
I Burkett Distron Suiervisor
10-31-38 (October 11 18 and 23 1938 )
ing Sales Corp 14624same 1640
(IMO)
NOTICE
No 91071
In the District Court of Oklahoma
Counts State of Oklahoma
C R McCubbins and Mrs C R Mc
Cubbins also known as Alma Mc-
Cubbins Plaintiffs vs T W Young
blood if living or if deceased the
unknown heirs executors adminis-
traiurs devisees trustees and assigns
Immediate and remote of T W
Youngblood Deceased et al Defend-
ants The State of Oklahoma To: T W
Youngblood Don H Sanford Clara
C Sanford W E Maddy R E
Muncy and Cora E Money H W
McNeil Charles H Parker Mary E
Smith and Lizzie Walls if living or
if deceased their unknown heirs
executors administrators devisees
trustees and assigns immediate and
remote
The said defendants above named
will take notice that the plaintiffs on
the 8th day of October 1938 filed
their petition in the District Court of
Oklahoma County State of Oklahoma
against the said defendants and each
of them and that said defendants must
answer said petition herein on or be-
fore the 19th day of November 1938
or said petition will be taken as true
and judgment rendered In said action
quieting the title ta:
Lots Seven (7) to Ten (10) inclu-
sive in Block Twelve (12) of San-
ford's Subdivision of Lots Eleven
(11) and Twelve (12) of Elliot Place
Addition to Oklahoma City Okla-
homa and
said defendants will forever be barred
and each of them from any right title
or claim in and to said premises and
enjoined from asserting any right title
or claim therein or any part thereof
Dated this 8th day of October 1938
CLIFF MYERS
(Seal) Court Clerk
Ey J B MARSHALL
Deputy
10-8-38 10-31-38
(1009)
NOTICE OF HEARING OF PETITION
FOR PROBATE OF WILL AND
FOR LErt ERS OF ADMINIS-
TRATION WITH THE
WILL ANNEXED
No 15491
Notice is hereby given to all persons
interested in the estate of Marsh Hen-
drickdeceased: that on the 8th day of
October 1938 Bessie K Hendrick pro-
duced and filed in the County Court
of the County of Oklahoma and State
of Oklahoma an instrument in writing
purporting to be the last will and testa-
ment of Marsh Hendrick deceased and
also on said date filed in said Court
her petition praying for the probate
of said will and for the issuance
thereon of letters of administration
with the will annexed to Bessie K
Hendrick as administratrix with the
will annexed of the estate of Marsh
Hendrick deceased
That pursuant to an order of said
Court made on the 8th day of October
1938 notice is hereby given that Thurs-
day the 20th day of October 1938 at
the hour of 9 o'clock A M of said
day it being a day of the regular
July term 1938 of said Court at the
County Court Room in the Court
House of the County of Oklahoma and
State of Oklahoma have been appoint-
ed as the time and place for hearing
said petition and proving said will at
which time and place all persona inter-
ested may appear and contest same
In witness whereof I have hereunto
set my hand and the seal of said Court
this 8th day of October 1938
C J BLINN
(Seal) County Judge
Tomerlin Chandler Shelton & Fowler
Attorneys
10-8-38 10-20-38
(1017)
NOTICE OP HEARING OF FINAL
ACCOUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 13977
Statu of Oklahoma Oklahoma County
sa
In the County Court within and for
said County and State
In the Matter of the Estate of Hobart
McKinley Myracle Deceased:
Notice is hereby given that The First
National Bank & Trust Company exec-
utor of the last will and estate of
Hobart McKinley Myracle deceased
having filed in this Court Its final ac-
count of the administration of said
estate rand its motion for distribution
of said estate and for final discharge
of said executor the hearing of the
same has been fixed by the Judge of
said Court for Tuesday the 1st day of
November 1938 at 9:00 o'clock A M
at the Court Rom of said Court in the
County Court House at Oklahoma City
in the County and State aforesaid
and all persons Interested in said estate
are notified then and there to appear
and show cause if any they have why
the said account should not be settled
and allowed and said estate distributed
and the said executor discharged
Dated October 10th 1938
C J BLINN
(Seal) County Judge
Roger L Stephens
Attorney
10-10-38 11-1-38
(950)
NOTICE OF SHERIFF'S SALE
No 95785
' Notice is given that on the 25th day
of October 1938 at two o'clock p m
at the East door of the Court House
in Oklahoma City Oklahoma County
Oklahoma the undersigned Sheriff oi
said County will offer for sale and sell
for cash at public auction to the high-
est and best bidder with appraisement
and subject to taxes if any all that
certain real estate in Oklahoma Courv
ty Oklahoma to-wit:
Lot Thirty-eight (38) in Block
Six (8) Crown Heights Addition to
Oklahoma City as shown by the
recorded plat thereof with the im-
provements thereon and appurte-
nances thereunto belonging
Said property having been duly ap-
praised at 812000J00 sale will be made
pursuant to an order of sale issued
in accordance with judgment entered
in the District Court of Oklahoma
County Oklahoma in case No 95785
entitled Oklahoma City Federal Sav-
ings and Loan Association a corpora
tion vs E A Rum ley et al to sat-
isfy said judgment in the sum of $11-
37248 with interest at ten per cent from
April 18 1938 8110000 attoray's fee
and costa
Witness my hand this 21st day of
Beptember 1938
STANLEY ROGERS
Sheriff of Oklahoma County
Oklahoma
By CHAS McCAFFERTY
Undersherift
Everest and Halley
Attorneys for Plaintiff
9-21-38 10-25-38
at
4980)
NOTICE OF HEARING OF FINAL
ACCOUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 14039
State of Oklahoma Oklahoma County
SS
In the County Court within and for
said County and State
In the Matter of the Estate of Lee
V Langston Deceased:
Notice is hereby given that George
L Baird Special Administrator of the
estate of Lee Y Langston deceased
having filed in this Court his final
account of the administration of said
estate and his motion for distribution
of said estate and for final discharge
of said Special Administrator the
hearing of the same has been fixed by
the Judge of said Court for Friday
the 14th day of October 1938 at 9:00
o'clock A M at the Court Room of
said Court in the County Court House
at Oklahoma City in the County and
State aforesaid and all persons inter-
ested in said estate are notified then
and there to appear and show cause
if any they ha why the said ac-
count should not be settled and al-
lowed and said estate distributed and
the Special Administrator discharged
Dated September 23rd 1938
C J BLINN
(Seal) Countx Judge
Paul G Darrough
Attorney
9-23-38 10-14-38
INL4WiftWeM
1014-38
(1019)
NOTICE OF HEARING or FINAL AC
COUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 15138
State of Oklahoma Oklahoma County
ss In the County Court within and
for said county and state
In the Matter of the Estate of Laura
O Collins Deceased
Notice is hereby given that A K
Bracken administrator with the will
annexed of the estate of Laura O Col
tins deceased having filed in this
Court his final account of the admin
istration of said estate and his motion
for distribution of said estate and for
final discharge of said administrator
with the will annexed the hearing of
the same has been fixed by the Judge
of said Court for Tuesday the 1st day
of November 1938 at o'clock a tn
at the Court Room of said Court in
the County Court House at Oklahoma
City in the County and State afor-
°aid and all persons interested in said
estate are notified then and there to
appear and show cause if any they
have why the said account should not
be settled and allowed and said estate
distributed and the administrator with
the will annexed discharged
Dated October II 1938
C J BLINN
(Seal) County Judge
Edgar G Theus Attorney
10-11-38 11-1-38
(1002)
NOTICE BY PuBLICATION
No 96894
The State of Oklahoma To:
George W Southard D W Jacobs
June V Talley and Catholene
man Davis and each of them It liv
lug and if any of them be dead to
their respective unknown heirs exec
utors administrators devisees true
tees and assigns Greeting:
You and each of you will take no
tice that you have been sued in the
District Court of Oklahoma County
State of Oklahoma in cause No 96894
wherein C E McAfee is plaintiff and
you and each of you are defendants
and said plaintiff alleges that he la the
owner and in the quiet peaceful and
undisturbed possession of the follow-
ing described property in Oklahoma
County State of Oklahoma to-wit:
Lots thirty-three (33) to thirty
eight (36) inclusive in Block four
(4) Lots thirteen (13) fourteen
(14) and fifteen (15) in Block nine
(9) Altavue Addition to Britton
Oklahoma as shown by the record-
ed plat thereof
and further alleges that you and each
of you claim some right title or in-
terest in and to said property or some
part thereof: and the prayer of the
petitioner is that the title of the plain-
tiff in and to the property above de-
scribed be quieted as against you and
each of you and all persons claiming
by through or under you
You are further notified that Unless
yeti answer the petition on file in said
cause on or before the lath day of
November 1938 judgment will be ren-
dered quieting the title of the plain-
tiff in and to the property described
above against you and each of you
and all persons claiming by through or
under you
Dated the fith day of October 1938
CLIFF MYERS
(Seal) Court Clerk
By ELMO McCALLISTER
Deputy
Willingham tie Fariss
T K Qui Ilin
Attorneys for Plaintiff
10-6-38 10-28-38
10-28-38
(1021)
NOTICE
No 89478
In the District Court of Oklahoma
County Oklahoma
Globe Oil & Refining company a coy
poration Plaintiff vs R Carl Lae
kins and George D Warr Co-partners
doing business as Larkins & Warr
et al Defendants
To the Plaintiff Defendants Tnterven
ers and all Parties interested:
You and each of you will hereby take
notice that the undersigned has filed
an application with the Court asking
for permissior and authority to sell one
Plymouth automobile now ownec by
said Receiver but whieh is not neces
sary in the proper administration of
said receivership estate and that a
hearing will be held upon said applica
tion before Warren H Edwards Ref-
eree at the Court House on the 17tIt
day of October 1938 at ten o'clock
A M
Dated this the llth day of October
1938
A C rLETCHER
Receiver
10-11-38 10-17-38
(95R)
NOTICE OF HEARING OF FINAL
ACCOUNT AND FOR DISTRIBU-
TION AND DISCHARGE
No 15084
State of Oklahoma Oklahoma County
as
In the County Court within and for
said County and State
In the Matter of the Estate of Mary
W Jones Deceased:
Notice is hereby given that John
Murphy executor of the estate of Mary
W Jones deceased having filed in
this Court his final account of the ad-
ministration of said estate and hie
motion for distribution of said estate
and for final discharge of said execu-
tor the hearing of the same has been
fixed by the Judge of said Court for
Friday the 14th day of October 1939
at 9:00 o'clock A M ' at the Court
Room of said Court in the County
Court House at Oklahoma city in the
County and State aforesaid and all
persons interested in said estate are
notified then and there to appear and
show cause if any they have why
the said account should not be settled
and allowed and said estate distribut-
ed and the executor discharged
Dated September 23rd 1938
C J BLINN
(Seal) County Judge
Lee B Thompson
Attorney
9-23-38 10-14-38
(973)
NOTICE BY PUBLICATION
No 25871-1)
In the District Court of the Thirteenth
Judicial District Sitting Within and
for Oklahoma County State of Okla-
homa Ed J Robertson Plaintiff vs 011ie
Robertson Defendant
The State of Olelahome to 011ie Rob-
ertson Greetings:
Take notice that you have been
sued in the above named court by said
plaintiff for divorce and determination
of property rights on the grounds of
abandonment and you the said defend-
ant must answer the petition filed
herein by said plaintiff on or before
the lath day of November 1938 or
said petition will be taken as true and
judgment for said plaintiff for di-
vorce and determination of property
rights will be rendered accordingly
Dated this 29th day of September
1938
CLIFF MYERS
(Seal) Court Clerk
By W H BEGIAN
Deputy
Ben La Fon
Attorney for Plaintiff
9-29-38 10-21-38
I10121
NOTICE BY PUBLICATIOB
No 11813
In the Justice Court of Carl Traub
In and for Oklahoma City District
Oklahoma County State of Okla
homa
1311 Mosiers me Plaintiff vs David
East Defendant
The State of Oklahoma to said defend-
ant Take notice that you have been sued
In the above named Court by the above
named plaintiff on an account for
goods wares and merchandise in the
sum of Twenty-Two and 24100 Dol-
laAi (S22 241 and you must answer said
Bill of Particulars filed herein on or
before the 12th day of November 1938
or said Bill of Particulars will be taken
as true and a judgment rendered Ie
cordingly as prayed for and a further
judgment will be rendered sustaining
the garnishment had herein
Dated this lith dny of October Mk
CARL TRAUB
Justice of the Pear
10-11-38 11-238
Rose Bishop -Beauty Salon
For pemnal attention in your Beey Akidot call for an appoint-
ment with one of our ofi tom
Phone 2-0202 Biltmore Hotel
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Simpson, Arta. The Legal News (Oklahoma City, Okla.), Vol. 33, No. 227, Ed. 1 Thursday, October 20, 1938, newspaper, October 20, 1938; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc2060849/m1/2/?q=j+w+gardner: accessed July 2, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.