Hamburger v. Fry

In Hamburger v. Fry, 1958 OK 287, 338 P.2d 1088, the Supreme Court noted that the rule of attributing an attorney's negligence to his client for purposes of 1031 was not applicable to term-time orders, and it vacated a default judgment simply because the defendant's attorney failed to file an answer and appear for a show-cause hearing. The Court went on to state: "In this jurisdiction, it is an abuse of discretion to deny such a motion when all of the circumstances demonstrate said motion could well be granted without serious injustice, and the denial of the motion may result in serious injustice . . . " (Fry at P9, 338 P.2d at 1091.)