Earley v. Baughman

Decided November 3, 1948

Supreme Court of Oklahoma · decided 1948-11-03

(Syllabus.) APPEAL AND ERROR — <italic>Reversal and remand of cause in</italic> <italic>accordance with confession of error.</italic> Where the defendants in error file a confession of error which is reasonably sustained by the record, this court may reverse and remand the cause in accordance with the confession of error.

Cited by 1 later decisions — most recently January 2008

1 state decisions

Relies on In Re Cook's Trust · Edmond Independent School Dist. No. 12 v. Oklahoma Tax Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1948-11-03

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PER CURIAM.

¶1This is an appeal by the defendants, Edward Earley et al., from a judgment enforcing a restrictive covenant against the sale of real property to members of the Negro race. The defendants in error have filed here*650in a confession of error, citing in support thereof Shelley v. Kraemer, 92 L. Ed. 845, which case was decided after the rendition of the judgment appealed from. The confession of error is reasonably sustained by the record, and the judgment should be reversed. Public Service Co. v. City of Vinita, 192 Okla. 291, 135 P. 2d 57.

¶2Reversed, with directions to dismiss the cause.

HURST, C. J., DAVISON, V. C. J., and RILEY, GIBSON, and LUTTRELL, JJ., concur.