Cherry v. Gamble

Henry Gamble procured a default judgment in the district court of Tulsa county, against James Cherry, on April 1, 1922. On July 13, 1922, James Cherry filed a petition to vacate said judgment, alleging that he did not appear or file an answer in said action, because a few days previous to the answer day he went to a place near the town of Slick to recover some property and that the matter of an swering in this case “completely dropped out of his mind”; that the judgment should be vacated because the plaintiff fraudulently committed perjury in the trial of the case and grossly deceived the…