[Download] "Fowler v. Francis" by Court of Criminal Appeals of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Fowler v. Francis
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 23, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1 Plaintiff filed this action against the defendant on November 6, 1958, to collect $907 on a verified itemized account. The defendant filed a motion to quash which was overruled on January 16, 1959. A motion to make more definite and certain was overruled on the 27th day of February, 1959, and defendant given 10 days to plead and 15 days to answer. On May 28, 1959, the plaintiff filed a motion for default judgment. On June 6, 1959, default judgment was taken. On July 21, 1959, defendant filed a verified petition to vacate the default judgment. This petition in part states that Laura M. Fowler was unable to assist her attorney in preparing her defense and answer because of serious illness. With answer and cross-petition attached to her petition to vacate the default judgment she states that she has a meritorious defense and a just cause of action against the plaintiff; that the attorney for the plaintiff promised to give her attorney the date and time that he intended to take default judgment, and that plaintiffs attorney failed to give such notice. On August 28, 1959, the trial court sustained a demurrer to the petition to vacate the default judgment.