Sabin v. Sunset Gardens Co.

This is an appeal from a judgment overruling plaintiffs in error’s motion to vacate a default judgment rendered in the common pleas ■ court of Tulsa county. Hereafter we shall refer to the parties as they appeared in the trial court. The facts are substantially as follows:

Plaintiff brought suit on a promissory note executed by defendants October 10, 1935, in amount of $404.85', due October 10, 1936, Defendants filed an unverified answer denying every allegation of plaintiff’s petition, and denying any indebtedness. The cause was set for hearing, and May 21, 1937, defendants not appearing, the…