Napier v. Dilday

Supreme Court of Oklahoma June 10, 1913

Napier v. Dilday, 132 P. 1085 (Okla. 1913)

38 Okla. 365; 1913 OK 388; 1913 Okla. LEXIS 376

Williams

Opinion of the Court

WILLIAMS, J.

The record shows that the finding made against the plaintiffs in error, upon which the judgment was rendered, was with the consent of their counsel. Consent ends all contention between the parties,- and there is nothing to- review on appeal. Baker v. Van Ness et al., 37 Okla. 122, 130 Pac. 536; Schmidt v. Oregon Gold Mining Co., 28 Ore. 9, 40 Pac. 406, 1014, 52 Am. St. Rep. 759, and authorities therein cited. ■

The proceeding in error is dismissed.

All the Justices concur.

Reference

Full Case Name: NAPIER Et Al. v. DILDAY
Cited By: 2 cases
Status: Published
Syllabus: APPEAL AND ERROR — Review—'Consent Judgment. A case having beén tried to the court without the intervention of a jury and the finding upon which the judgment was rendered being made by the consent of all parties, the judgment being rendered according to such finding, there is nothing for this court to review, and the proceeding in error will be dismissed. (Syllabus by the Court.)