Oklahoma City v. Castleberry

HALLEY, Chief Justice.

There is involved here the correctness of an order of the trial court vacating certain proceedings entered in a condemnation action by default upon the defendants failing to appear. Parties will he referred to as they appeared in the trial court.

Plaintiff, a municipal corporation, on September 24, 1963, filed an action seeking to condemn for use in connection with its waterworks system certain lands owned by the defendants. On the same date plaintiff filed in the case a notice directed to the defendants informing them that the plaintiff would “on the 8th day of October,…