56 P. 957 | Okla. | 1899
Action by the board of commissioners of Grant county against the State Capital Printing company to vacate a judgment. Decree for plaintiff. Defendant brings error. Reversed and dismissed.
Opinion of the court by
This is an action begun in the probate court of Grant county to vacate and annul a judgment rendered in that court in another action, on the ground that said judgment is absolutely void, for the reason that the court rendering the same was without jurisdiction. This judgment must be reversed, and the cause dismissed for the reason that it appears upon the face of the record that the court below had no jurisdiction of the subject-matter of the action. The relief sought being purely equitable, not being sought by motion or other proceeding in the cause wherein the judgment was rendered, but *230
by an independent action, cognizable only in a court possessing general chancery jurisdiction, and as in this Territory a probate court cannot have or exercise general chancery jurisdiction, but only such as they are authorized by article 15, ch. 18, Statutes of Oklahoma 1893, to exercise, and this case not coming within any of the provisions of that article, it follows that the proceedings herein in the court below were a mere nullity. (Rogers v. Bonnett,
All of the Justices concurring. *231