Stevirmac Oil & Gas Co. v. Dittman, 245 U.S. 210 (1917)

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Stevirmac Oil & Gas Company v. Dittman

No. 131

Submitted October 22, 1917
Decided December 10, 1917
245 U.S. 210

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF OKLAHOMA

Syllabus

A party against whom a default judgment had been rendered in the district court eighteen months previously applied there to have it set aside for lack of personal jurisdiction, alleging that there was no service and that the return of service upon which the default was based was unauthorized and false. After hearing the application and affidavits, the court sustained its jurisdiction to enter the judgment and overruled the application. Held that the proceeding to set aside the judgment amounted to an independent action, and that the question of jurisdiction, as it related only to the power of the court in the original action, could not be made the basis of a direct writ of error under Judicial Code § 238 to determine the correctness of the order overruling the application.

Writ of error dismissed.

The case is stated in the opinion.