Supreme Court of Oklahoma, 1944

City of Tulsa v. Pender

City of Tulsa v. Pender
Supreme Court of Oklahoma · Decided October 3, 1944 · Bayless, Corn, Gibson, Riley, Osborn, Welch, Hurst, Davison
154 P.2d 99; 194 Okla. 674; 1944 OK 262; 1944 Okla. LEXIS 570 (Pacific Reporter, Second Series)
City of Tulsa v. Pender

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Opinion of the Court

BAYLESS, J.

City of Tulsa, Okla., a municipal corporation, and certain of its officials appeal from a judgment of the district court of Tulsa county in favor of S. G. Pender. This is a companion case to No. 31397, City of Tulsa v. F. M. McMillan, 194 Okla. 672, 154 P. 2d 97 this day decided, and involves similar facts and issues of law. In fact, the substantial part of the evidence in this case is made up of the transcript in the McMillan Case.

What we said in the McMillan Case applies here and governs this appeal, and there is no occasion to repeat.

The judgment of the trial court is reversed and the cause is remanded, with directions to dismiss.

CORN, C. J., GIBSON, V. C. J., and RILEY, OSBORN, WELCH, HURST, and DAVISON, JJ., concur.

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