BIRD et al. v. PALMER et al.

BIRD et al. v. PALMER et al.
1931 OK 460
3 P.2d 894
152 Okla. 7
Case Number: 20514
Decided: 07/21/1931
Supreme Court of Oklahoma

BIRD et al.
v.
PALMER et al.

Syllabus

¶0 1. Courts--Guardian and Ward--Jurisdiction of County Courts Over Minor Allottees.
The county courts of Oklahoma are courts of record with jurisdiction to appoint guardians over the persons and estates of minor allottees of the Five Civilized Tribes without reference to the degree of Indian blood.
2. Guardian and Ward--Records of County Court as Importing Jurisdiction to Appoint Guardian.
The records of a county court showing the appointment of a guardian for a minor import jurisdiction in the court so to do, and it will be inferred from the fact that such an appointment was made that all facts necessary to vest the court with jurisdiction to make the appointment had been found by the court to exist before the appointment of the guardian.
3. Judgment--Collateral Attack not Authorized Unless Judgment Void on Face of Record.
A judgment of a court of general jurisdiction is not subject to collateral attack unless the judgment is void upon the face of the record.
4. Same--When Judgment Void on Its Face--When Void for Want of Jurisdiction.
A judgment is void on its face when its invalidity is affirmatively disclosed by an inspection of the judgment roll, but it is not void for want of jurisdiction, in the legal sense, unless its invalidity appears upon the face of the record.
5. Judgment -- Vacation for Fraud -- False Evidence.
False evidence or perjury alone, relative to an issue tried is not sufficient ground for vacating or setting aside a judgment; the fraud which will authorize the court to vacate a judgment must be extrinsic or collateral to the issues tried in the cause wherein the judgment was rendered; it must be such fraud as to prevent the other from having a trial of the issues.
6. Guardian and Ward--Demurrer to Petition in Action to Set Aside Guardian Sale Hold Properly Sustained.
Record examined, and held, that the amended petition of plaintiffs did not state facts sufficient to state a cause of action against the defendants and that there was no error in sustaining a demurrer thereto.

Appeal from District Court, Okfuskee County; Fred A. Speakman, Judge.

Action by Jim Bird and another against S. T. Palmer and others. From adverse judgment, plaintiffs appeal. Affirmed.

W. H. Ballard and T. H. Wren, for plaintiffs in error.
James C. Wright, Victor C. Mieher, R. Y. Stevenson, Massingale, Duff & Manatt, and Warren, Crutcher & Warren, for defendants in error.

ANDREWS, J.

¶1 This cause was consolidated with cause No. 19979. The decision in the consolidated cause was this day rendered in cause No. 19979 between the same parties. 152 Okla. 3, 3 P.2d 890. The law announced therein is applied herein.