Opinion
No. 20300
Opinion Filed October 28, 1930.
(Syllabus.)
Appeal and Error — Determination of Cause According to Final Decision in Pending Cause.
Where a cause is submitted to this court on a statement that the question involved will be determined by the final decision of this court in a pending cause, upon the final determination of the pending cause, the rule of law announced therein will be applied.
Error from District Court, Okmulgee County; James M. Hays, Judge
Action between Reuben Jimboy et al. and C.W. Wilson et al. From the judgment, the former appeal. Affirmed.
A.M. Beets and W.H. Woods, for plaintiffs in error.
Cochran Noble and Sum L. O'Brannon, for defendants in error.
The plaintiffs in error in their brief, say:
"The question involved in this case is identical with the question involved in Jacobs v. Ambrister ( 137 Okla. 227, 278 P. 653), Cooper v. Spiro State Bank, and others now pending before this court on rehearing, and an opinion in this case should follow whatever rule is finally adopted in the Cooper v. Spiro State Bank and the other cases."
The case of Cooper v. Spiro State Bank, 137 Okla. 265, 278 P. 648, is now final, and, under this admission, should be applied in this cause. When so applied, the judgment of the trial court in this case must be affirmed. That judgment is affirmed.