Tipton Hardware Co. v. Texas Tanning & Mfg. Co.

Supreme Court of Oklahoma

Tipton Hardware Co. v. Texas Tanning & Mfg. Co.

1936 OK 664, 62 P.2d 58, 178 Okla. 55, 1936 Okla. LEXIS 482

CourtSupreme Court of Oklahoma

DecidedOctober 20, 1936

DocketNo. 27133.

StatusPublished

This text of 1936 OK 664 (Tipton Hardware Co. v. Texas Tanning & Mfg. Co.) 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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Tipton Hardware Co. v. Texas Tanning & Mfg. Co., 1936 OK 664, 62 P.2d 58, 178 Okla. 55, 1936 Okla. LEXIS 482 (Okla. 1936).

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Opinion

PER CURIAM.

The parties will be referred to as they appeared in the trial court. Plaintiff obtained a judgment upon an open account and afterwards filed a motion for new trial, which whs overruled, and the appeal is brought to this court and a motion was filed to dismiss upon the ground that the judgment was taken upon a motion for-judgment on the pleadings and that no motion for new trial or order thereon was necessary.

Upon examination of the record it appears that judgment was entered upon the admissions of the defendant in the trial court, which, admissions indicate plainly to this court that there was no serious contest of the account sued upon.

We have carefully reviewed the record in this cause, and are of the opinion that the appeal is frivolous and should be dismissed and the judgment of the trial court affirmed. It is so Ordered.

McNEILL, C. J.,‘ OSBORN, V. C. J., and! PHELPS, CORN, and GIBSON, JJ., concur.

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PER CURIAM.

The parties will be referred to as they appeared in the trial court. Plaintiff obtained a judgment upon an open account and afterwards filed a motion for new trial, which whs overruled, and the appeal is brought to this court and a motion was filed to dismiss upon the ground that the judgment was taken upon a motion for-judgment on the pleadings and that no motion for new trial or order thereon was necessary.

Upon examination of the record it appears that judgment was entered upon the admissions of the defendant in the trial court, which, admissions indicate plainly to this court that there was no serious contest of the account sued upon.

We have carefully reviewed the record in this cause, and are of the opinion that the appeal is frivolous and should be dismissed and the judgment of the trial court affirmed. It is so Ordered.

McNEILL, C. J.,‘ OSBORN, V. C. J., and! PHELPS, CORN, and GIBSON, JJ., concur.

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Bluebook (online)

1936 OK 664, 62 P.2d 58, 178 Okla. 55, 1936 Okla. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tipton-hardware-co-v-texas-tanning-mfg-co-okla-1936.