Continental Gin Co. v. Arnold
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, .Judge. Action by Ira L. Arnold against the Continental Gin Company, a corporation. Judgment for plaintiff, motion for new trial overruled, and defendant brings error. The parties will toe designated as in the trial court. This was an action for the cancellation of a mortgage of record and for statutory damages for failure to release same.
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Error from District Court, Carter County; S. H. Russell, .Judge. Action by Ira L. Arnold against the Continental Gin Company, a corporation. Judgment for plaintiff, motion for new trial overruled, and defendant brings error. The parties will toe designated as in the trial court. This was an action for the cancellation of a mortgage of record and for statutory damages for failure to release same. The defendant, being a nonresident, was cited by publication, the affidavit for publication being as follows: “Ira L. Arnold, being duly sworn according to law, says that he is the plaintiff above…
1Opinion of the Court
Opinion by
MATHEWS, 0.
(after stating the facts as above). Unless the judgment entered against defendant by default was absolutely void, no relief can be granted it. The statutes prescribe the procedure to be followed to have judgments vacated, and one seeking such relief must comply with the prescribed statutory procedure. It will be noted the judgment complained of was entered on the 7th day of February, 1913, and defendant’s attorney was apprised of that fact the next day. That term of court expired on the last day of that month, but the motion to vacate the judgment was not filed until…
2Cases cited24 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- McAdams v. LathamSupreme Court of Oklahoma · 1908
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Robinson v. KindNevada Supreme Court · 1896
- Ballew v. YoungSupreme Court of Oklahoma · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
- Morgan v. KarcherSupreme Court of Oklahoma · 1921
- Southard v. Oil Equipment CorporationSupreme Court of Oklahoma · 1956
- Cable v. CableWest Virginia Supreme Court · 1949
26 more not listed; retrieve them via the Exa API.