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ELROD v. DENNING

No. 37614.

311 P.2d 801 (1957)

E.J. ELROD, Plaintiff in Error, v. S.G. DENNING, Defendant in Error.

Supreme Court of Oklahoma.

May 21, 1957.

Attorney(s) appearing for the Case

Sam S. Gill, Oklahoma City, for plaintiff in error.

Charles D. Scales, Cecil Rote, Oklahoma City, for defendant in error.

PER CURIAM.

On December 18, 1953, in case No. 14,386, Court of Common Pleas of Oklahoma County, S.G. Denning obtained a money judgment by default against one E.J. Elrod. On April 5, 1954, Denning caused execution of said judgment to be levied upon a truck belonging to Elrod. On April 15, 1954, Elrod filed a petition to vacate the judgment and recall the execution, alleging that because he had an answer on file when the judgment...

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