Miller v. Mentzer

This is an appeal from an order sustaining a motion to dismiss a proceeding on a motion to vacate a judgment.

A judgment was obtained on May 31, 1933. On December 11, 1937, the judgment debtor filed a motion to vacate the judgment under subdivision 3 of section 556, O. S. 1931, 12 Okla. St. Ann. § 1031.

On November 21, 1938, the trial court sustained a motion to dismiss the proceeding. The petition in error with case-made attached was not filed in this court until June 13, 1939. A motion to dismiss has been filed alleging that the case should be dismissed for the reason that the appeal was not…