Bell v. Knoble
Supreme Court of Oklahoma
Commissioners’ Opinion, Division No. 1. Error from District Court, Harper County; Arthur G. Sutton, Judge. Action by J. II. Litten to vacate a judgment recovered by Joe Knotole and H. W. Sutton. Petition denied. Litten appeals.
1Opinion of the Court
Opinion by
RAY C.
J. H. Litten appeals from an order sustaining a demurrer to his petition to vacate a judgment under section 810, Comp. Stat. 1921, filed two years after the judgment was entered. The principal ground urged is that of unavoidable casualty which prevented him from appearing and defending. That unavoidable casualty consisted of serious illness covering a period beginning about 75 days after the service of summons and continuing until 6 days after the default judgment was taken on account of his failure to appear, demur, answer, or otherwise plead to the petition. A reasonable…
2Cases cited2 opinions
- Missouri, K. & T. Ry. Co. v. EllisSupreme Court of Oklahoma · 1916
- Atchison, T. & S. F. Ry. Co. v. SchultzSupreme Court of Oklahoma · 1909
3Cited by4 opinions
- Sautbine v. JonesSupreme Court of Oklahoma · 1933
- Harlow Publishing Co. v. TallantSupreme Court of Oklahoma · 1935
- Thomas v. DarksSupreme Court of Oklahoma · 1927
- Stull v. HoehnSupreme Court of Oklahoma · 1942