MID-CONTINENT PETROLEUM CORP. v. DOOLEY

MID-CONTINENT PETROLEUM CORP. v. DOOLEY
1942 OK 202
126 P.2d 68
190 Okla. 601
Case Number: 30182
Decided: 05/19/1942
Supreme Court of Oklahoma

MID-CONTINENT PETROLEUM CORP.
v.
DOOLEY et al.

Syllabus

¶0 APPEAL AND ERROR--Reversal in accordance with confession of error.
Where a stipulation is entered into by the parties in which it is confessed that error has been committed according to the allegations of the petition in error, this court will cause to be examined the record, and where the confession of error is reasonably supported may reverse and remand the cause with directions.

Appeal from Superior Court, Okmulgee County; Harland A. Carter, Judge.

Action in damages by E. C. Dooley and Esta Dooley against the Mid-Continent Petroleum Corporation. From a judgment for the plaintiffs, defendant appeals. Reversed and remanded.

J. C. Denton, R. H. Wills, J. H. Crocker, J. P. Greve, and I. L. Lockewitz, all of Tulsa, and C. B. McCrory, of Okmulgee, for plaintiff in error.
Tom Payne, of Okmulgee, for defendants in error.

PER CURIAM.

¶1 This is an appeal by the defendant from a judgment obtained by the plaintiffs in the trial court in an action for damages. On the 10th day of April, 1942, a confession of error was filed which was joined in by the plaintiff in error and defendants in error, the same amounting to a stipulation that error was committed according to the allegations of the petition. In said confession of error application is made for a reversal and remanding of the cause to the trial court, with directions to set aside and hold for naught the judgment herein appealed from.

¶2 Upon the authority of In re Protest of Chicago, R. I. & P. Ry. Co., 164 Okla. 264, 23 P.2d 690, the cause is reversed and remanded to the trial court, with directions to set aside and hold for naught the judgment herein appealed from.

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