Prudential Loan Co. v. Smith

Petition for rehearing denied April 9, 1935

On Petition for Rehearing

(42 P. (2d) 919)

KELLY, J.

In a petition for rehearing, appealing defendant contends that this court erred in dismissing his appeal.

One position he assumes is that the decree of the circuit court is void and that there can be no parties to an invalid or void judgment, there can be neither judgment creditors nor judgment debtors in such a case.

There are two defects in this argument. One is that, prima facie, the decree in the case at bar is a valid decree. By its order overruling defendant’s motion to vacate it on the ground…