INGRAM v. INGRAM

INGRAM v. INGRAM
1926 OK 908
250 P. 795
122 Okla. 59
Case Number: 17769
Decided: 11/16/1926
Supreme Court of Oklahoma

INGRAM
v.
INGRAM.

Syllabus

¶0 Appeal and Error--Necessity for Motion for New Trial--Record--Appeal from Action of Court Refusing to Vacate Judgment on Ground of Fraud in Procurement. Where a petition is filed, under subdivision 4, section 810, Comp. Stats. 1921, seeking to vacate a judgment on the grounds of fraud practiced by the successful party in obtaining the judgment, and an answer is filed, denying the allegations of the petition, and issues joined, and the same is tried to the court on the evidence adduced, this is in the nature of an independent action, and in order that this court may obtain jurisdiction to review the judgment of the trial court refusing to vacate the former judgment entered, a motion for new trial is necessary, and the same must be incorporated, together with the action of the court thereon, in the case-made attached to the petition in error, and where no motion for new trial is filed, as in the instant case, the motion to dismiss the appeal should be sustained.