Opinion
No. 21426
Opinion Filed January 6, 1931.
(Syllabus.)
Appeal and Error — Reversal Upon Confession of Error.
Where Plaintiff in error has filed brief in a cause appealed to this court and the authorities cited therein reasonably support the proposition relied upon, and the defendant in error has filed confession of error, the judgment of the trial court will be reversed.
Error from District Court, Tulsa County; Saul A. Yager, Judge.
Mandamus by Frank Newkirk, Treasurer of Board of Education of Tulsa, against John L. Smiley, County Treasurer of Tulsa County. From a judgment of the trial court in favor of the plaintiff, defendant appeals. Reversed.
Byron Kirkpatrick, Co. Atty., and Hugh Webster, Asst. Co. Atty., for plaintiff in error.
Allen, Underwood Canterbury, for defendant in error.
This is an appeal from a judgment of the district court of Tulsa county in an action for writ of mandamus sought by the defendant in error to compel plaintiff in error to pay over moneys alleged to be due.
Judgment was entered directing the issuance of a peremptory writ, and the plaintiff in error appeals.
The plaintiff in error has filed his brief, and the authorities cited reasonably support the contention of plaintiff in error. The defendant in error has filed in this cause a confession of error, and under this condition of the record in this cause the judgment of the trial court will be reversed and the cause remanded for a new trial. Warrior v. Savery, 145 Okla. 92, 291 P. 966; Holmes v. Board of Commissioners of Osage County, 132 Okla. 297, 270 P. 564; Adams v. Powers, 87 Okla. 80, 209 P. 395.
It is so ordered.