Gann v. Gann

LAVENDER, Justice.

This appeal involves an order of the trial court overruling an application to open a default judgment rendered against plaintiff in error, based on service by publication. He asserts as applicable 12 O.S. 1961, § 176:

“A party against whom a judgment or order has been rendered, without other service than by publication in a newspaper, may, at any time within three years after the date of the judgment or order, have the same opened, and be let in to defend. Before the judgment or order shall be opened the applicant shall give notice to the adverse party of his intention to…