Holbert v. Patrick
Supreme Court of Oklahoma
Error from District Court, Nowata County; W. J. Campbell, Judge. Suit by Alice Holbert and another against Ed. R. Patrick and another to vacate a judgment. From an order overruling a motion to set aside an order sustaining- a demurrer to the petition, plaintiffs bring error.
1Opinion of the Court
Opinion by
POPE, C.
This is an appeal from an order overruling a motion to set aside an order sustaining a demurrer to - a petition to vacate a judgment. (Before going into the merits of the case, attention is called to the contention that the appeal should be dismissed for the reason that the motion and the ruling thereon will not be considered on a transcript appeal, but must be presented by case-made. It is very true that this court has held in Whitaker v. Chestnut, 65 Okla. 122, 165 Pac. 160, that a motion to vacate a judgment rendered on such a motion cannot be presented for review on a…
2Cases cited4 opinions
- Thigpen v. DeutschSupreme Court of Oklahoma · 1917
- State ex rel. Plummer v. GideonSupreme Court of Missouri · 1893
- Whitaker v. ChestnutSupreme Court of Oklahoma · 1917
- Bruce v. the Casey-Swasey Co.Supreme Court of Oklahoma · 1904
3Cited by1 opinion
- Sanderson v. Hanchett Bond Co.Supreme Court of Oklahoma · 1925