Thompson v. Caddo County Bank
Supreme Court of Oklahoma
Error from the Probate Court of Caddo County; before M. N. Gish, Probate Judge. STATEMENT 0-E FACTS. Defendant in error brought an action of replevin against plaintiffs in error, in the probate court of Caddo County, to recover certain property. Judgment was rendered by default, against defendants below, after personal service.
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Error from the Probate Court of Caddo County; before M. N. Gish, Probate Judge. STATEMENT 0-E FACTS. Defendant in error brought an action of replevin against plaintiffs in error, in the probate court of Caddo County, to recover certain property. Judgment was rendered by default, against defendants below, after personal service. No motion for new trial was filed, but, after the expiration of the time therefor, the defendants in that action, after notice to plaintiff, Hied a motion to vacate the judgment, alleging: First, that the allegations of the petition and replevin affidavit are…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
In this Territory proceedings to vacate, a judgment on the ground of fraud practiced by the successful party must be by'petition, verified by affidavit, setting forth the judgment sought to be vacated, the -grounds there for, and tbe defense to the action, if the party applying was defendant. (Sec. 564 art. 22, cháp. 66, Wilson’s Statutes, 1903.) Under the section of the statute referred to, a motion is not the proper remedy by which to seek vacation of a judgment alleged to have been obtained by the fraud of the successful party, that method by motion,…
2Cases cited4 opinions
- Reynolds v. CopelandIndiana Supreme Court · 1880
- Provins v. LoviSupreme Court of Oklahoma · 1897
- Gage v. WaylandWisconsin Supreme Court · 1887
- Visher v. SmithCalifornia Supreme Court · 1891
3Cited by10 opinions
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- First State Bank of Indiahoma v. CarrSupreme Court of Oklahoma · 1919
- Carlin v. Prudential Ins. Co. of AmericaSupreme Court of Oklahoma · 1935
- Pratt v. PrattSupreme Court of Oklahoma · 1914
- Oklahoma Railway Co. v. HoltSupreme Court of Oklahoma · 1933
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