O'Dell v. Sharp
Cases that cite this one
7 later published cases cite this decision.
- Gordon v. Murray (Okla. 1946)
- Public Service Co. of Okla. v. Vinita (Okla. 1943)
- Barnard v. Wallace (Okla. 1943)
- Bradshaw v. Myers (Okla. 1942)
- Fairview Ice Co. v. Wiggins (Okla. 1942)
- Kelly v. First National Bank of Seminole (Okla. 1942)
- Board of Com'rs of Seminole County v. Seminole Gas (Okla. 1941)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an appeal from a judgment of the trial court in an action on promissory notes. At the close of plaintiff’s testimony the defendant, without offering any evidence, demurred to the plaintiff’s evidence, which demurrer was by the court sustained. The defendant in error has filed a confession of error admitting that the court should not have sustained the demurrer, and prays that the cause be remanded to the district court of Okmulgee County, with directions to set the case for trial and proceed with the cause. In Armstrong v. Taylor, 164 Okla. 37, 22 P.2d 374, this court said:
“Where an appeal is filed in this court, and the appellee upon due consideration files a confession of error which is reason-abty sustained by the record, this court may reverse and remand the cause upon such confession of error, with directions,”
The record reasonably sustains the confession of error. The cause is, therefore, reversed and remanded upon confession of error, with directions to vacate the order and judgment and to grant a new trial.
Reversed and remanded, with directions.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.