CHAPMAN v. LANGLEY

CHAPMAN v. LANGLEY
1933 OK 375
23 P.2d 148
164 Okla. 130
Case Number: 20737
Decided: 06/13/1933
Supreme Court of Oklahoma

CHAPMAN
v.
LANGLEY

Syllabus

¶0 Appeal and Error--Reversal of Judgement Based on Statute Later Declared Unconstitutional.
Where judgment is rendered by virtue of an act of the Legislature that is thereafter declared unconstitutional and void, said cause on appeal will be reversed and said judgment vacated.

Appeal from District Court, Marshall County; Porter Newman, Judge.

Action by L. M. Langley against Fred A. Chapman and others. Judgment for plaintiff against defendant named, and he appeals. Judgment vacated and set aside, and cause remanded, with directions.

Earl A. Brown, for plaintiff in error.
Twyford & Smith and Leo G. Mann, for defendant in error.

WELCH, J.

¶1 This action was commenced in the district court of Marshall county, Okla., by defendant in error, L. M. Langley, against the plaintiff in error, Fred A. Chapman, and others, for foreclosure of tax sales certificates under chapter 12 of Session Laws of 1925. Upon the trial of the cause judgment was rendered in the trial court in favor of defendant in error herein, and against Fred A. Chapman, plaintiff in error here, who was one of the defendants below. From the judgment so rendered, plaintiff in error has appealed.

¶2 The cause is controlled by the holding of this court in the case of Casner et al. v. Meriwether, 152 Okla. 246, 4 P.2d 19, wherein this court held chapter 12, Session Laws 1925, unconstitutional and void. To the same effect is Leekley v. Olson, 159 Okla. 109, 14 P.2d 382.

¶3 The judgment is therefore vacated, set aside, and held for naught, and the cause is remanded to the trial court, with directions to dismiss the cause.