Legal Opinion

Baker v. Hunt & Co.

Supreme Court of Oklahoma

Decided July 31, 1917No. 8076PublishedCited by 11 opinions

Error from County Court, Wagoner County; J. O. Pinson, Judge. Petition by L. R. Baker and another against Hunt & Co., to vacate a judgment. Vacation was denied, and petitioners bring error.

1Opinion of the Court

•Opinion by

POPE, C.

This proceeding to vacate a default judgment rendered by the trial court is brought under Rev. Laws 1910, § 5267, subsection 7, which provides that the court shall have the power to vacate its own judgment or orders at or after the term at which such judgment or order was made for unavoidable casualty or misfortune preventing the party from ' prosecuting or defending. The petition was duly verified, setting forth the judgment, the defense to the action, and the grounds for vacating the same, which are as follows: First. For mistake, neglect, or omission of the clerk of said…

2Cases cited3 opinions

  1. Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
  2. Forest v. AppelgetSupreme Court of Oklahoma · 1916
  3. Tracy v. State Ex Rel. FancherSupreme Court of Oklahoma · 1916

3Cited by11 opinions

  1. Savage v. StokesIdaho Supreme Court · 1934
  2. Boulter v. CookWyoming Supreme Court · 1926
  3. Leslie v. SpencerSupreme Court of Oklahoma · 1935
  4. Walker v. Gulf Pipe Line Co.Supreme Court of Oklahoma · 1924
  5. Spriggs v. GoodrichWyoming Supreme Court · 1955

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