CHURCHILL v. MUEGGE

No. 37734.

323 P.2d 339 (1958)

Leonard R. CHURCHILL, Personal Representative and Administrator of the Estate of William L. Churchill, Deceased, Plaintiff in Error, v. A.H. MUEGGE, Fleta Muegge, Levi A. Evans, Ivy Evans, Defendants in Error.

Supreme Court of Oklahoma.

March 18, 1958.


Attorney(s) appearing for the Case

Cooper, Esco, Cooper & Foster, Wichita, Kan., I.D. Ross and David Ross, Newkirk, for plaintiff in error.

Elmer S. Rutherford, Robert N. Colombe, Tonkawa, for defendants in error, A.H. Muegge and Fleta Muegge.

O.E. McKenzie, Tonkawa, for defendants in error, Levi A. Evans and Ivy Evans.


CARLILE, Justice.

This is an appeal on the original record from an order denying a motion to vacate a judgment. Plaintiff in error is proceeding under 12 O.S. 1951 § 1038, which authorizes the court to vacate a void judgment "* * * at any time, on motion of a party, * * *". He does not contend that any of the other statutory provisions authorizing the vacation of a judgment are applicable.

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