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DIXON v. ROGERS

No. 36403.

318 P.2d 854 (1954)

Emily E. DIXON, also known as Emily E. Dickson, and Earl I. Dixon, also known as Earl I. Dickson, Plaintiffs in Error, v. Samuel N. ROGERS, Defendant in Error.

Supreme Court of Oklahoma.

November 23, 1954.

Attorney(s) appearing for the Case

Herbert Hope, W.G. Long, Pauls Valley, for plaintiffs in error.

D.P. Parker, M.A. Holcomb, Buffalo, Richard W. Fowler, Oklahoma City, for defendant in error.

JOHNSON, Vice Chief Justice.

The defendants filed an application to vacate the judgment on the ground that the summons was irregular. Such proceeding must be by motion under 12 O.S. 1951 § 1031. On the 21st day of December, 1953, the trial court overruled the motion. On February 20, 1954, the court overruled a motion for new trial. The notice of intention to appeal was not given until after the latter order. A motion to dismiss has been filed for the reason the...

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