Whitaker v. Chestnut
Supreme Court of Oklahoma
Error from District Court, Mayes County; Preston S. Davis, Judge. Action by W. J. Whitaker against H. M. Chestnut. Judgment by default, defendant’s motion on his special appearance to vacate and set aside the judgment sustained, and plaintiff files petition in error and transcript.
1Opinion of the Court
Opinion by
STEWART, C.
The plaintiff, W. J. Whitaker, obtained a judgment against the defendant, H. M. Chestnut, in the district court of Mayes county by default. Afterwards, by special appearance, the defendant moved the court to vacate and set aside the judgment, which motion was by the court sustained. The- plaintiff attempts to appeal to this court by petition in error and transcript.
In Orr v. Fulton, 52 Okla. 621, 153 Pac. 149, it is said:
“Á motion to vacate a judgment copied into a transcript constitutes no part of the record, and presents no question for review by the Supreme Court on…
2Cases cited6 opinions
- Menten v. ShutteeSupreme Court of Oklahoma · 1902
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- McCoy v. McCoySupreme Court of Oklahoma · 1910
- Orr v. FultonSupreme Court of Oklahoma · 1915
- Veverka v. FrankSupreme Court of Oklahoma · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. KellySupreme Court of Oklahoma · 1918
- Alexander v. JacobsSupreme Court of Oklahoma · 1924
- First Nat. Bank of McAlester v. McIntoshSupreme Court of Oklahoma · 1925
- McHenry v. SpearsSupreme Court of Oklahoma · 1921
- Dime Savings & Trust Co. v. AbleSupreme Court of Oklahoma · 1939
6 more not listed; retrieve them via the Exa API.