Nelson v. Jones

1928 OK 627, 271 P. 240, 133 Okla. 92, 1928 Okla. LEXIS 1008

• Court: Supreme Court of Oklahoma
• Decided: October 23, 1928
• Docket: 19417
• Status: Published

Opinion

MASON, Y. C. J.

This is an appeal from the district court of Cotton county, wherein tbe defendant in error, Jones, recovered a judgment against tbe plaintiff in error, Nelson, for tbe sum of $547.91. Since tbe filing of tbe petition in error and case-made in this court, tbe defendant in error has filed herein bis confession of error and request for reversal.

In the case of National Fire Ins. Co. v. Hammon Trading Co., 46 Okla. 233, 148 Pac. 722, this court laid down the rule as follows :

“Where upon appeal, defendant in error confesses error, the judgment of th'e trial court will be reversed, and the case remanded.”

The judgment and order of the trial court is, ther'efore, reversed, and the case is remanded, with directions to grant a new trial.

BRANSON, C. X, and LESTER, HUNT, CLARK, and HEFNER XL, concur.