Legal Opinion

Forest v. Appelget

Supreme Court of Oklahoma

Decided January 18, 1916No. 6691PublishedCited by 15 opinions

Error from County Court, Woodward County; Clyde H. Wyatt, Judge. Action by A. M. Appelget and another, partners as Appleget & Herod, against E. C. Forest. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

This proceeding to vacate a judgment rendered by the trial court is brought under the provisions of subdivision 7 of section 5267, Rev. Laws 1910, which provides that the court shall have power to vacate or modify its own judgment or order at or after the term at which such judgment or order was made for unavoidable casualty or misfortune preventing the party from prosecuting or defending. The petition was duly verified by affidavit, setting forth the judgment, the grounds for vacating the same, and the defense of the action. There is but one question necessary for…

2Cases cited3 opinions

  1. Welch v. ChallenSupreme Court of Kansas · 1884
  2. Marshall v. MarshallSupreme Court of Oklahoma · 1898
  3. Wynn v. FrostSupreme Court of Oklahoma · 1897

3Cited by15 opinions

  1. Wagner v. LucasSupreme Court of Oklahoma · 1920
  2. Gavin v. HeathSupreme Court of Oklahoma · 1926
  3. Hutchings v. ZumbrunnSupreme Court of Oklahoma · 1922
  4. Welborn v. WhitneySupreme Court of Oklahoma · 1936
  5. Baker v. Hunt & Co.Supreme Court of Oklahoma · 1917

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