Hawkins v. Hawkins
Supreme Court of Oklahoma
Error from Superior Court, Custer County; J. W. Lawter, Judge. Action by Emma Hawkins against William Hawkins. Judgment for plaintiff, and defendant brings error. This action was begun in the superior court of Custer county by the defendant in error for a divorce from plaintiff in error, the custody of the children, and alimony. On September 7, 1912, at the August, 1912, term of the superior court of Custer county, judgment was rendered for defendant in error by default.
Read the full summary
Error from Superior Court, Custer County; J. W. Lawter, Judge. Action by Emma Hawkins against William Hawkins. Judgment for plaintiff, and defendant brings error. This action was begun in the superior court of Custer county by the defendant in error for a divorce from plaintiff in error, the custody of the children, and alimony. On September 7, 1912, at the August, 1912, term of the superior court of Custer county, judgment was rendered for defendant in error by default. At the same term, on October 7, 1912, the court sustained a motion of plaintiff in error to vacate and set aside the…
1Opinion of the Court
Opinion by
RUMMONS, C.
(after stating the facts as above). Our statutes (section 5267, Rev. Laws 1910) prescribe the grounds for and the manner in which the district court shall have power to vacate or modify its, judgments, as follows:
“The district court shall have power to vacate or modify its own judgments or orders, at or after the term at which such judgment or order was made: First. By granting a new trial for the cause, within the time and in the manner prescribed in section 5035. Second. By a new trial granted in proceedings against defendants constructively summoned, as provided in…
2Cases cited5 opinions
- McAdams v. LathamSupreme Court of Oklahoma · 1908
- Lookabaugh v. CooperSupreme Court of Oklahoma · 1897
- Long v. Board of County CommissionersSupreme Court of Oklahoma · 1897
- McKee v. HowardSupreme Court of Oklahoma · 1913
- Anderson v. ChrismanSupreme Court of Oklahoma · 1913
3Cited by11 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Allen v. AllenSupreme Court of Oklahoma · 1948
- Gibson v. DizneySupreme Court of Oklahoma · 1919
- W. T. Rawleigh Medical Co. v. EggersSupreme Court of Oklahoma · 1919
- Franklin v. Hunt Dry Goods Co.Supreme Court of Oklahoma · 1942
6 more not listed; retrieve them via the Exa API.