Crook v. Heizer

HERR, C.

On the 26th day of October, 1625, a judgment by default was rendered against defendant in error in the district court of Tulsa County. The term of court expired, on the last day of October. A motion to vacate the judgment was filed by defendant in error on the 3rd day of November. This motion was based on the third subdivision of section 810, O. O. S. 1921, the specific ground of the motion being that judgment was rendered, before the case regularly stood for trial. A motion to quash the summons and the service thereof was filed by defendant in error out of time, by leave of the…