judgment upon error (Oklahoma) · Go Syfert
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judgment upon error in Oklahoma

20 Oklahoma opinions name it 2 courts 1928–2023 1 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Samedan Oil Corp. v. Corporation Commissiongreen
okla · 1988 · cited in 4 Oklahoma opinions naming this issue, 2005–2023
2 sentences

2023See Samedan Oil Corp. v. Corporation Comm'n , 1988 OK 56, ¶ 7 , 755 P.2d 664, 668 ("Parties to an action on appeal are not permitted to secure a reversal of a judgment upon error which they have invited, acquiesced or tacitly conceded in, or to assume an inconsistent position from that taken in the trial court."); See also Tinker Fed.

2023See Samedan Oil Corp. v. Corporation Comm'n , 1988 OK 56, ¶ 7 , 755 P.2d 664, 668 ("Parties to an action on appeal are not permitted to secure a reversal of a judgment upon error which they have invited, acquiesced or tacitly conceded in, or to assume an inconsistent position from that taken in the trial court."); See also Tinker Fed.

14
Dills v. Callowaygreen
okla · 1935 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
2 sentences

1996“A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon an error which he has invited and acquiesced in, or assume a position inconsistent with that taken in the trial court.” Id. at 132 (quoting Dills v. Calloway, 175 Okla. 395 , 52 P.2d 707, 709 (1935)).

1996“A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon an error which he has invited and acquiesced in, or assume a position inconsistent with that taken in the trial court.” Id. at 132 (quoting Dills v. Calloway, 175 Okla. 395 , 52 P.2d 707, 709 (1935)).

11
Oklahomans for Life, Inc. v. State Fair of Oklahoma, Inc.green
okla · 1981 · cited in 1 Oklahoma opinions naming this issue, 1995–1995
1 sentence

1995Oklahomans For Life, Inc. v. State Fair of Okl, Okl., 634 P.2d 704, 706 (1981) (the dismissal of a party defendant was held to be terminal and hence at once appealable as a final order); Frazier v. Bryan Memorial Hosp.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Union Texas Petroleum, a Division of Allied Chemical Corp. v. Corporation Commission green
okla · 1982
2 sentences

2016Grant stated in his final report as guardian that Boulware directed him “to transfer the money to a different account where it would not be subject to the payment on death beneficiary clause.” Grant claimed he transferred $ 95,291.87 “to a different account where [BLB] and [CLB] would not be the beneficiaries on a payment on death account.” He also testified he left $ 30,000 in the TFCU account because BLB and CLB were “the full beneficiaries on the death beneficiary.” *770 ¶ 20 “Parties to an action on appeal are not permitted to secure a reversal of a judgment upon error which they have invi

1994Union Texas Petroleum v. Corporation Commission of State of Okl., 651 P.2d 652 (Okl. 1981).

41988–2016
Hutchins v. Richardson neutral
okla · 1924
2 sentences

1938“A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in, or assume a position inconsistent with that taken in the trial court.” Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , and cases cited.

1938“A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in, or assume a position inconsistent with that taken in the trial court.” Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , and cases cited.

31928–1938
Allen v. Oklahoma State Bank of Enid neutral
okla · 1928
2 sentences

1938The error, if any, was invited by defendant and he may not now complain, for, as held in Allen v. Oklahoma State Bank, 133 Okla. 14 , 270 P. 838 , ‘.‘a party, on an appeal to the Supreme Court, will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in.” See, also, Skaggs v. Gypsy Oil Co., 169 Okla. 209 , 36 P. (2d) 865 .

1938The error, if any, was invited by defendant and he may not now complain, for, as held in Allen v. Oklahoma State Bank, 133 Okla. 14 , 270 P. 838 , ‘.‘a party, on an appeal to the Supreme Court, will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in.” See, also, Skaggs v. Gypsy Oil Co., 169 Okla. 209 , 36 P. (2d) 865 .

31934–1938
Cimarron Valley Pipe Line Co. v. Holmes green
okla · 1938
2 sentences

1958In Cimarron Valley Pipe Line Co. v. Holmes, 182 Okl. 450 , 78 P.2d 403 , in the first paraagraph of the syllabus, we said: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited or acquiesced in, or assume a position inconsistent with that taken in the trial court.” The burden of showing a separation, if any was required, rested on defendants.

1958In Cimarron Valley Pipe Line Co. v. Holmes, 182 Okl. 450 , 78 P.2d 403 , in the first paraagraph of the syllabus, we said: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited or acquiesced in, or assume a position inconsistent with that taken in the trial court.” The burden of showing a separation, if any was required, rested on defendants.

21958–1982
Muskogee Electric Traction Co. v. Dunnam neutral
okla · 1928
2 sentences

1934In the case of Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , this court held: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited, * * * or assume a position inconsistent with that in the trial court.” To the same effect is the ease of Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 , and this court also held in Carter Oil Co. v. Kennedy, 137 Okla. 168 , 278 P. 640 : “Where a party to an action requests the court to instruct the jury and the court gives the instruction requested, the party m

1934In the case of Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , this court held: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited, * * * or assume a position inconsistent with that in the trial court.” To the same effect is the ease of Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 , and this court also held in Carter Oil Co. v. Kennedy, 137 Okla. 168 , 278 P. 640 : “Where a party to an action requests the court to instruct the jury and the court gives the instruction requested, the party m

21934–1935
TINKER FEDERAL CREDIT UNION v. GRANT green
oklacivapp · 2016
2 sentences

2023Credit Union v. Grant , 2017 OK CIV APP 9, ¶ 20 , 391 P.3d 766, 770 .

2023Credit Union v. Grant , 2017 OK CIV APP 9, ¶ 20 , 391 P.3d 766, 770 .

12023–2023
Ferrell v. State Ex Rel. Department of Highways green
okla · 1963
1 sentence

1996“A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon an error which he has invited and acquiesced in, or assume a position inconsistent with that taken in the trial court.” Id. at 132 (quoting Dills v. Calloway, 175 Okla. 395 , 52 P.2d 707, 709 (1935)).

11996–1996
Cities Service Oil Company v. Merritt green
okla · 1958
2 sentences

1982Cimarron Valley Pipe Line Co. v. Holmes, 182 Okl. 450 , 78 P.2d 403 (1938); Cities Service Oil Co. v. Merritt, 332 P.2d 677 (Okl.1958).

1982Cimarron Valley Pipe Line Co. v. Holmes, 182 Okl. 450 , 78 P.2d 403 (1938); Cities Service Oil Co. v. Merritt, 332 P.2d 677 (Okl. 1958).

11982–1982
Westheimer v. Neustadt green
okla · 1961
1 sentence

1967The trial court based the judgment upon the rule stated in Westheimer v. Neustadt, Okl., 362 P.2d 110 .

11967–1967
Skaggs v. Gypsy Oil Co. green
okla · 1934
2 sentences

1938The error, if any, was invited by defendant and he may not now complain, for, as held in Allen v. Oklahoma State Bank, 133 Okla. 14 , 270 P. 838 , ‘.‘a party, on an appeal to the Supreme Court, will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in.” See, also, Skaggs v. Gypsy Oil Co., 169 Okla. 209 , 36 P. (2d) 865 .

1938The error, if any, was invited by defendant and he may not now complain, for, as held in Allen v. Oklahoma State Bank, 133 Okla. 14 , 270 P. 838 , ‘.‘a party, on an appeal to the Supreme Court, will not be permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in.” See, also, Skaggs v. Gypsy Oil Co., 169 Okla. 209 , 36 P. (2d) 865 .

11938–1938
Beatty v. Beatty green
okla · 1925
2 sentences

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

11935–1935
Green v. Sammons neutral
okla · 1930
2 sentences

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

11935–1935
Hunt v. Van Siclen neutral
okla · 1928
2 sentences

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

11935–1935
Hovey v. Elliott green
scotus · 1897
2 sentences

1935Defendant contends that the judgment upon which the claim is based is void on its face, citing Hovey v. Elliott, 167 U. S. 409 . 42 L.

1935Defendant contends that the judgment upon which the claim is based is void on its face, citing Hovey v. Elliott, 167 U. S. 409 . 42 L.

11935–1935
Kurz v. Stafford green
okla · 1929
2 sentences

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

1935Green v. Sammons, 142 Okla. 36 , 284 P. 1115 ; Hunt v. Van Siclen, 136 Okla. 69 , 276 P. 182 ; Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 ; Kurz v. Stafford et al., 135 Okla. 121 , 274 P. 674 ; Beatty et al. v. Beatty et al., 114 Okla. 5 , 242 P. 766 ; Great American Ins.

11935–1935
Carter Oil Co. v. Kennedy green
okla · 1929
2 sentences

1934In the case of Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , this court held: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited, * * * or assume a position inconsistent with that in the trial court.” To the same effect is the ease of Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 , and this court also held in Carter Oil Co. v. Kennedy, 137 Okla. 168 , 278 P. 640 : “Where a party to an action requests the court to instruct the jury and the court gives the instruction requested, the party m

1934In the case of Hutchins v. Richardson, 100 Okla. 80 , 227 P. 432 , this court held: “A party on appeal in the Supreme Court will not be permitted to secure a reversal of a judgment upon error which he has invited, * * * or assume a position inconsistent with that in the trial court.” To the same effect is the ease of Muskogee Electric Traction Co. v. Dunnam, 129 Okla. 70 , 263 P. 1091 , and this court also held in Carter Oil Co. v. Kennedy, 137 Okla. 168 , 278 P. 640 : “Where a party to an action requests the court to instruct the jury and the court gives the instruction requested, the party m

11934–1934
Doggett v. Doggett green
okla · 1921
2 sentences

1928In Hutchins v. Richardson, 100 Okla. 80 , 227 Pac. 432 , this court announced the rule stated in the first paragraph of the syllabus herein: “A party on appeal in the Supreme Court will not he permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in. or assume a position inconsistent with that taken in the trial court.” Doggett v. Doggett, 85 Okla. 90 , 203 Pac. 223 .

1928In Hutchins v. Richardson, 100 Okla. 80 , 227 Pac. 432 , this court announced the rule stated in the first paragraph of the syllabus herein: “A party on appeal in the Supreme Court will not he permitted to secure a reversal of a judgment upon error which he has invited and acquiesced in. or assume a position inconsistent with that taken in the trial court.” Doggett v. Doggett, 85 Okla. 90 , 203 Pac. 223 .

11928–1928

Where else courts name it

OK 20 (1928–2023) GA 8 (1910–1953) TX 5 (1883–2004) AR 4 (1914–1928) NY 4 (1911–1941) CA 3 (1941–1952) IN 2 (1871–1980) KY 2 (1913–1923) ND 2 (1896–1961) KS 2 (1893–1913) AL 2 (1923–1945)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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