Home Builders' Lumber Co. v. White
| Decision Date | 09 September 1919 |
| Docket Number | 9779. |
| Citation | 183 P. 725,75 Okla. 294,1919 OK 252 |
| Parties | HOME BUILDERS' LUMBER CO. v. WHITE, County Treasurer. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where plaintiff in error, after filing an appeal from judgment of the trial court, enters into a written agreement of settlement of such judgment, and such agreement is brought to the attention of this court by proper motion, the appeal will be dismissed.
An act on the part of the defendant, whereby he recognizes the validity of a judgment against him, operates as a waiver of his right to prosecute an appeal therefrom, or to bring error to reverse it.
Error from District Court, McCurtain County; C. E. Dudley, Judge.
Action by Leon A. White, County Treasurer of McCurtain County against the Home Builders' Lumber Company. Judgment for plaintiff, and defendant brings error. Appeal dismissed.
Head & Barrett, of Idabel, Ramsey, DeMueles, Rosser, Martin & King of Tulsa, and McPherren & Cochran, of Durant, for plaintiff in error.
N. W Gore, Co. Atty., of Idabel, S. P. Freeling, Atty. Gen., and C. W. King, Asst. Atty. Gen., for defendant in error.
This proceeding in error is brought to reverse a judgment rendered in the district court of McCurtain county against the appellant for the sum of $33,386.86, as taxes due the state of Oklahoma and McCurtain county for the years 1915 and 1916, and declaring a lien on certain standing timber owned by the appellant. The defendant in error has filed a motion to dismiss the appeal, and shows that on March 4, 1918, the parties hereto entered into a written agreement or compromise of the judgment, from which this appeal is pending, in which the plaintiff in error agreed to pay and defendant in error agreed to accept, in full settlement of the judgment, the sum of $21,300, to be paid in installments of $5,000 cash and $5,000 each 30 days thereafter, and, in the event of a default in the payments, the sums therein paid should be credited on the judgment, and process might be issued to enforce the collection of the judgment as if the agreement had not been entered into between the parties.
The appellant, responding to this motion, admits that it compromised the judgment and entered into the agreement as set out in appellee's motion to dismiss this appeal, but contends that the agreement of settlement has been repudiated by the defendant in error, in that the judgment has been assigned and execution issued thereon, and that by reason of such acts the appellee is therefore estopped to urge the settlement as a ground for dismissal of this appeal.
The stipulation of settlement was entered into on March 2, 1918,...
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