Thomas v. Tucker

The parties will be referred to as they appeared in the trial court. On the 10th day of June, 1936, the trial court entered a judgment for plaintiff on a promissory note, said judgment being for $234.45, with interest and attorney fees. On December 22, 1927, a motion to vacate the judgment was filed by defendant, and the court entered its order overruling the same on the 7th day of January, 1938. This proceeding is brought to review the order.

The defendant presents two allegations of error. The first is that the judgment is void because no summons was served as provided by section 166, O. S.…