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TURNBOW v. POWERS

No. 55546.

620 P.2d 403 (1980)

Carl D. TURNBOW, Petitioner, v. Donald E. POWERS, Judge of the District Court of Lincoln County, State of Oklahoma, Respondent.

Supreme Court of Oklahoma.

December 2, 1980.

Attorney(s) appearing for the Case

Frasier, Frasier & Gullekson by Stanley D. Monroe, Tulsa, for petitioner.

Richard James, James & Gilmore, P.C., Stroud, for respondent.

WILLIAMS, Justice:

The facts giving rise to the instant litigation in this court are as follows. Mr. C.E. Turnbow sued Mr. Carl D. Turnbow in Lincoln County. The plaintiff apparently had a summons prepared and delivered to the Lincoln County Sheriff's office with instructions to await word when it could be served.

An apparent opportunity arose, the sheriff was notified that the defendant in the trial court, our present petitioner, was at

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