BAILEY v. CAMPBELL

Nos. 74859, 74860.

862 P.2d 461 (1991)

George BAILEY, as trustee for David Lynn Crabtree; George Bailey, as trustee for Catherine Diane Crabtree, F. Dale Crabtree, and Linda A. Crabtree, Plaintiffs/Appellees, v. Myers CAMPBELL; William G. Bernhardt, Paul Hudiburg, E.S. Beaver, Jim D. Kutch, Anthony Thomas, Clovis Davis, and Charles D. Morrison, Defendants, American Casualty Company of Reading, Pennsylvania, Garnishee/Appellant, Kenneth Spears, Trustee of the bankruptcy estate of Charles D. Morrison, Appellant.

Supreme Court of Oklahoma.

As Modified on Rehearing March 31, 1992.


Attorney(s) appearing for the Case

John B. Hayes, Suzanne E. Broadbent, Oklahoma City, for garnishee-appellant, American Cas. Co. of Reading, Pa.

Kenneth L. Spears, Oklahoma City, for appellant, Trustee of the Bankruptcy Estate of Charles D. Morrison.

Sally Gilbert, Tom L. King, Oklahoma City, for plaintiffs-appellees.


KAUGER, Justice.

We are presented with three issues necessary to the resolution of this appeal: 1) whether failure to raise capacity to sue in response to a combined petition and motion to vacate a default judgment constitutes a waiver of the right to contest capacity; 2) whether judicial proceedings undertaken in violation of an automatic stay in bankruptcy are a nullity; and 3) whether a default judgment entered without...

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