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Bradshaw v. Myers

Supreme Court of Oklahoma
Nov 24, 1942
131 P.2d 79 (Okla. 1942)

Opinion

No. 30691.

November 24, 1942.

(Syllabus.)

APPEAL AND ERROR — Disposition of cause upon confession of error.

Where an appeal is filed in this court, and the appellee upon due consideration files a confession of error which is reasonably sustained by the record, this court may reverse and remand the cause upon such confesion of error, with directions.

Appeal from District Court, Pontotoc County; Tal Crawford, Judge.

Action in replevin for two mules by H.A. Bradshaw against Dorsey Myers. From an order sustaining a motion to dismiss, plaintiff appeals. Reversed and remanded, with directions.

Date Crawford and John W. Hunt, both of Ada, for plaintiff in error.

Kerr, Lambert Conn, of Ada, for defendant in error.


Plaintiff brought an action in replevin in the justice of the peace court and the matter was appealed to the district court, whereupon defendant filed a motion to dismiss, which motion was sustained by the trial court.

Plaintiff has appealed from the order of dismissal by petition in error with bill of exceptions attached.

On October 28, 1924, defendant in error filed a motion in this court confessing error and moving that the case be reversed and remanded to the district court for further proceedings.

In such case we have held that we will examine the record, and where the allegations of error appear to be sustained the confession of error will be taken as true and the order entered as in the prayer of the petition in error. See O'Dell v. Sharp, 182 Okla. 534, 78 P.2d 810.

The cause is therefore reversed and remanded, with directions to the trial court to vacate the order of dismissal and proceed in accordance with the confession of error and the prayer of the petition in error.

WELCH, C. J., CORN, V. C. J., and OSBORN, BAYLESS, GIBSON, and HURST, JJ., concur. RILEY, DAVISON, and ARNOLD, JJ., absent.


Summaries of

Bradshaw v. Myers

Supreme Court of Oklahoma
Nov 24, 1942
131 P.2d 79 (Okla. 1942)
Case details for

Bradshaw v. Myers

Case Details

Full title:BRADSHAW v. MYERS

Court:Supreme Court of Oklahoma

Date published: Nov 24, 1942

Citations

131 P.2d 79 (Okla. 1942)
191 Okla. 506