SABIN v. LEVORSEN

SABIN v. LEVORSEN
1949 OK 122
214 P.2d 448
202 Okla. 468
Case Number: 32525
Decided: 05/31/1949
Supreme Court of Oklahoma

SABIN et al.
v.
LEVORSEN.

(Syllabus.)

¶0 1. APPEAL AND ERROR - Appeal dismissed where matters presented determined in prior appeal. Where the record and the brief of plaintiffs in error disclose that there is nothing to determine but what has been determined in a prior appeal, the proceeding will be dismissed.

Appeal from District Court, Tulsa County; Harry L.S. Halley, Judge.

Action by Milton Roe Sabin and another against A.I. Levorsen to quiet title to real property. From a judgment for defendant, plaintiffs appeal. Dismissed.

Marvin T. Johnson, of Tulsa, for plaintiffs in error.
Martin, Logan, Finney & Stanton, of Tulsa, for defendant in error.

JOHNSON, J.

¶1 This is the fourth appeal involving the property and litigants in the case at bar. Sabin v. Levorsen, 193 Okla. 320, 145 P.2d 402; Certiorari denied 320 U.S. 792, 88 L. Ed. 477, 64 S. Ct. 205; 320 U.S. 815, 88 L. Ed. 492, 64 S. Ct. 368; Sabin v. Levorsen, 184 Okla. 305, 87 P.2d 138, and the third appeal, 202 Okla. 465, 214 P.2d 445.

¶2 In Sabin v. Levorsen, 193 Okla. 320, 145 P.2d 402, supra, this court decided all the questions presented in the case at bar.

¶3 Where from an examination of the record and the briefs of plaintiff in error, it is conclusively shown that all of the matters presented in an appeal have been determined in a prior appeal, the proceeding in error will be dismissed for the reason that there is no contest before this court. Howe v. Tarloshaw, 108 Okla. 182, 235 P. 594; Haffner v. Commerce Trust Co., 179 Okla. 235, 65 P.2d 440.

¶4 The appeal is dismissed.

¶5 DAVISON, C.J., ARNOLD, V.C.J., and WELCH, LUTTRELL, and O'NEAL, JJ., concur.