ELLIS & LEWIS v. PAYNE

ELLIS & LEWIS v. PAYNE
1935 OK 794
49 P.2d 151
173 Okla. 474
Case Number: 26232
Decided: 09/17/1935
Supreme Court of Oklahoma

ELLIS & LEWIS et al.
v.
PAYNE et al.

Syllabus

¶0 APPEAL AND ERROR--Dismissal Upon Stipulation.
Where a motion to dismiss is filed alleging that a stipulation has been entered into which in effect settles the controversy between the parties, and upon an examination of the record it appears no injustice will be done, the cause will be dismissed upon said stipulation.

Original proceedings in the Supreme Court by Ellis & Lewis et al. to review an award of the State Industrial Commission in favor of Fred Payne. Dismissed.

Butler & Brown, for petitioners.
Eck E. Brook and Mac Q. Williamson. Atty. Gen., for respondents.

PER CURIAM.

¶1 This proceeding was filed herein May 7, 1935, and is to review an award made to the applicant in the State Industrial Commission. On June 29th a motion to dismiss the appeal was filed by Fred Payne, and on July 5th response thereto, in which it is made to appear that the position of this respondent, Fred Payne, in the Supreme Court is well taken, and that such motion is confessed.

¶2 There follows a stipulation signed by the attorneys for all parties. The motion, the response, and the stipulation have been examined, and it appearing from the record that the matters in the proceedings have been settled to the satisfaction of all parties, the proceeding is dismissed.