Opinion

Gardner v. Jones

  • 309 P.2d 731
  • 1956 OK 23
  • 1956 Okla. LEXIS 677
Court
Supreme Court of Oklahoma
Filed
Jan 17, 1956
Status
Published
Author
Welch
On the bench
Williams, Welch, Corn, Halley, Jackson, Hunt, Blackbird, Davison, Johnson
Cited by
6 cases
Authority
More cited than 4.9%

The opinion

WELCH, Chief Justice.

Supplemental Opinion on Rehearing

In petition for rehearing it is pointed out that this decision is contrary to our former decision in the case of Lawrence v. Ayres, 206 Okl. 218 , 242 P.2d 142 , which opinion cited and followed our former opinion in the case of Lind v. McKinley, 196 Okl. 4 , 161 P.2d 1016 . In connection with this decision we have carefully examined both the former decisions above cited. We are convinced that the determination set out in this opinion is contrary to both our two former decisions above cited. However, we are convinced that the opinion in this case is correct and should stand. Therefore we hereby expressly overrule our former decisions in Lind v. McKinley and Lawrence v. Ayres, supra, insofar as they, or either of them, are contrary to the decision and opinion in this case.

CORN, V. C. J., and HALLEY, WILLIAMS, BLACKBIRD and JACKSON, JJ., concur.

DAVISON and JOHNSON, JJ., dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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