Security Bank of Ponca City v. Wilson

Supreme Court of Oklahoma

Security Bank of Ponca City v. Wilson

1939 OK 458, 95 P.2d 617, 185 Okla. 601, 1939 Okla. LEXIS 449

CourtSupreme Court of Oklahoma

DecidedOctober 31, 1939

DocketNo. 29254.

StatusPublished

Cited by1 cases

This text of 1939 OK 458 (Security Bank of Ponca City v. Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Security Bank of Ponca City v. Wilson, 1939 OK 458, 95 P.2d 617, 185 Okla. 601, 1939 Okla. LEXIS 449 (Okla. 1939).

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Opinion

PER CURIAM.

Plaintiff commenced this action in the district court of Osage county, Okla., to recover against the defendant on a promissory note. The amount is not in dispute. At the conclusion of tbe trial, judgment was entered for the defendant Plaintiff in error filed his case-made with petition in error on May 25, 1938, alleging error of the court in entering judgment for the defendant, and on August 23, 1939, the brief of defendant in error was filed, in which it confessed error of the trial, court in entering judgment for the defendant.

This court has held that where an appeal is filed in this court and the appellee on due consideration files a confession which is reasonably sustained by the record, this court may reverse and remand the cause upon such confession of error, with directions. Armstrong v. Taylor, 164 Okla. 37, 22 P.2d 374; Nelson v. Jones, 133 Okla. 92, 271 P. 240; National Fire Ins. Co. v. Hammon Trading Co., 46 Okla. 233, 148 P. 722.

We have examined the record and the authorities cited and are of the opinion that the confession of error is reasonably sustained by the record.

The cause is therefore reversed and remanded, with directions to the trial court to enter judgment for the plaintiff in accordance with the prayer of the petition in error.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and DANNER, JJ., concur.

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PER CURIAM.

Plaintiff commenced this action in the district court of Osage county, Okla., to recover against the defendant on a promissory note. The amount is not in dispute. At the conclusion of tbe trial, judgment was entered for the defendant Plaintiff in error filed his case-made with petition in error on May 25, 1938, alleging error of the court in entering judgment for the defendant, and on August 23, 1939, the brief of defendant in error was filed, in which it confessed error of the trial, court in entering judgment for the defendant.

This court has held that where an appeal is filed in this court and the appellee on due consideration files a confession which is reasonably sustained by the record, this court may reverse and remand the cause upon such confession of error, with directions. Armstrong v. Taylor, 164 Okla. 37, 22 P.2d 374; Nelson v. Jones, 133 Okla. 92, 271 P. 240; National Fire Ins. Co. v. Hammon Trading Co., 46 Okla. 233, 148 P. 722.

We have examined the record and the authorities cited and are of the opinion that the confession of error is reasonably sustained by the record.

The cause is therefore reversed and remanded, with directions to the trial court to enter judgment for the plaintiff in accordance with the prayer of the petition in error.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and DANNER, JJ., concur.

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1939 OK 458, 95 P.2d 617, 185 Okla. 601, 1939 Okla. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-bank-of-ponca-city-v-wilson-okla-1939.

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