Mollenbrink v. Gibson

Appellants filed a motion to set aside a judgment entered upon a stipulation made by counsel for both parties. The motion alleges that the judgment is irregular because: “1. The defendants did not agree to the terms set out in the stipulation as filed. 2. That the defendants were to file the stipulation and have not and did not file the stipulation, and a copy of the stipulation was filed without the knowledge of defendants.”

In the single point presented, appellants say: “The Court erred in rendering judgment on the basis of a stipulation which was not signed by either party and which…