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RICHARDSON MACHINERY CO. V. SCOTT, 276 U. S. 128 (1928)

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U.S. Supreme Court

Richardson Machinery Co. v. Scott, 276 U.S. 128 (1928)

Richardson Machinery Co. v. Scott

No.198

Submitted January 17, 1928

Decided February 20, 1928

276 U.S. 128

Syllabus

1. By the law of Oklahoma, where a person against whom a default judgment is rendered files a petition to vacate the judgment upon the ground that the court had no jurisdiction of the defendant, and the petition is based also on nonjurisdictional grounds, such as that the judgment was obtained by fraud or that the party was prevented from defending by unavoidable casualty or misfortune, the filing of the petition operates as a voluntary general appearance, with the same effect as if such appearance had been made at the trial. P. 276 U. S. 133.

2. A judgment based on this ground is not reviewable by this Court, although, in rendering it, the state court also overruled the petitioner's contention that the service of process in the action was void under the Fourteenth Amendment. P. 276 U. S. 133.

Certiorari to 122 Okla. 125 dismissed.

Certiorari, 274 U.S. 729, to a judgment of the Supreme Court of Oklahoma affirming a judgment which denied the petition of a foreign corporation to set aside a default judgment rendered in an action based on substituted service of summons.





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