Oklahoma Reports Volume 79-80

Oklahoma Reports Volume 79-80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...Orders. A motion to vacate a judgment filed under the statute is an attack upon the validity of the judgment, and the order of the court, either overruling the motion of vacating the judgment on the ground that it is void on its face, is a final order and judgment involving the merits of the action to reverse which a proceeding in error may be prosecuted in the Supreme Court.--Idem, 117. Although the judgment n_1a_y be valid, if there was fraud or irregularities in the sherifi: "s sale and the facts to prove the same are presented to the court, and the court overrules the objections based thereon and confirms the sale, then a proceeding in error may be prosecuted from the order of confirma RESERVING IN LOWER COURT THE GROUNDS OF' REVIEW: 7. Change of Judge--Time to Urge Disqualiflcation. Since the adoption of sections 5812 and 5816. Rev. Laws 1910, where parties had knowledge of the alleged grounds of the disqualifications of the trial judge for more than three days prior to the trial and did not avail themselves of the procedure prescribed APPEAL AND ERROR--Continued." view an order or judgment appealed from, such motion and decision thereon by the trial court are ineffectual to extend the time within which to effect an appeal.--McDonell v. Continental Supply Co., 286. 25. Time for Prooeedings--Receiverships. Under section 4986, Revised Laws 1910, appeals from an interlocutory order refusing to appoint a receiver, must be taken within ten days from the date of the order appealed from by filing in the Supreme Court a petition in error within said time 1imit.--Greening v. Maire Bros. Co., 136. RECORD AND MATTERS NOT OF RECORD: 26. Motions and 0rders--Vacati0n of Judgment. A motion to vacate and set aside a judgment...show more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236820312
  • 9781236820310