PUBLIC SERV. CO. v. CITY OF VINITA

PUBLIC SERV. CO. v. CITY OF VINITA
1943 OK 105
135 P.2d 57
192 Okla. 291
Case Number: 30695
Decided: 03/16/1943
Supreme Court of Oklahoma

PUBLIC SERVICE COMPANY OF OKLAHOMA et al.
v.
CITY OF VINITA et al.

Syllabus

¶0 APPEAL AND ERROR--Reversal and remand of cause in accordance with confession of error.
Where the defendants in error file a confession of error which is reasonably sustained by the record, this court may reverse and remand the cause in accordance with the confession of error.

Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.

Action by the Public Service Company of Oklahoma et al. against the City of Vinita et al. to enjoin the sale of bonds for the erection of a power plant. From a judgment for the defendants, plaintiffs appeal. Reversed and remanded, with directions.

V. E. McInnis, of Oklahoma City, and R. L. Wheatley and Rollie C. Clark, both of Vinita, for plaintiffs in error.
Carey Caldwell, of Vinita, for defendant in error.

PER CURIAM.

¶1 The plaintiffs in error have appealed from an adverse judgment in an action to enjoin the sale of certain bonds for the erection of a power plant. The defendants in error have filed a confession of error asking that the judgment for the defendants in error be reversed and remanded, with directions to enter a judgment for plaintiffs in error.

¶2 We have held that where the defendant in error files a confession of error which is reasonably sustained by the record, this court may reverse and remand the cause in accordance with the confession of error. Board of Com'rs of Seminole County v. Seminole Gas Co., 188 Okla. 363, 109 P.2d 488; O'Dell v. Sharp, 182 Okla. 534, 78 P.2d 810.

¶3 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 plaintiffs in error in accordance with the prayer of the petition in error.

¶4 CORN, C. J., GIBSON, V. C. J., and RILEY, OSBORN, WELCH, BAYLESS, HURST, DAVISON, and ARNOLD, JJ., concur.