WELFARE FEDERATION ACT COMMITTEE OF 1000 v. RHODES

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WELFARE FEDERATION ACT COMMITTEE OF 1000 v. RHODES
1955 OK 52
281 P.2d 432
Case Number: 36361
Decided: 03/01/1955
Supreme Court of Oklahoma

THE WELFARE FEDERATION ACT COMMITTEE OF 1000, A CORPORATION, PLAINTIFF IN ERROR,

v.

VELLA RHODES, DEFENDANT IN ERROR.

Syllabus

¶0 Where an appeal is by transcript and none of the evidence is before this court, generally, it will be presumed that the judgment was responsive to the evidence introduced and that the pleadings were treated by the parties as amended to conform both to the evidence and judgment.

[281 P.2d 432]

Appeal from the District Court of Oklahoma County; Wm. L. Fogg, Judge.

Appeal by transcript from order of district court denying defendant's motion to vacate and recall execution based upon judgment rendered in action brought to recover wages and liquidated damages for violation of Fair Labor Standards Act of 1938, amended 1949, 29 U.S.C.A. §§ 201-219. Affirmed.

Charles Hill Johns, Oklahoma City, for plaintiff in error.

Earl E. James, George Miller, Sr., Oklahoma City, for defendant in error.

CORN, J.

¶1 This appeal involves the identical question decided in Welfare Federation Act Committee of 1000 v. Richardson (Tinsley), Okl.,

¶2 Judgment affirmed.

¶3 JOHNSON, C.J., WILLIAMS, V.C.J.; and ARNOLD, HALLEY, BLACKBIRD and JACKSON, JJ., concur.