Rankins v. Rankins

1928 OK 568, 270 P. 561, 132 Okla. 298, 1928 Okla. LEXIS 775

• Court: Supreme Court of Oklahoma
• Decided: September 25, 1928
• Docket: 18578
• Status: Published

Opinion

HUNT, J.

This is an appeal from a judgment of the district court of Tulsa county vacating and setting aside a judgment theretofore rendered in said cause. Since the filing- of the petition in error and case-mad'e in this court, the defendant in error has filed herein her 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 that:

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

The judgment and order of the trial court vacating and setting aside the judgment previously rendered is therefore reversed, and the cause remanded.

MASON, V. C. J., and HARRISON, PHELPS, CLARK, and RILEY, JJ., concur.