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GANN v. GANN

No. 42932.

459 P.2d 605 (1969)

Carl Henry GANN, Plaintiff in Error, v. Johnnie Mae GANN, Defendant in Error.

Supreme Court of Oklahoma.

September 30, 1969.

Attorney(s) appearing for the Case

Stipe, Gossett & Stipe, by Clyde Stipe, McAlester, for plaintiff in error.

Fred W. Whetsel, McAlester, for defendant in error.

LAVENDER, Justice.

This appeal involves an order of the trial court overruling an application to open a default judgment rendered against plaintiff in error, based on service by publication. He asserts as applicable 12 O.S. 1961, § 176:

"A party against whom a judgment or order has been rendered, without other service than by publication in a newspaper, may, at any time within three years after the date of the...

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