O'Dell v. Sharp

This is an appeal from a judgment of the trial court in an action on promissory notes. At the close of plaintiff’s testimony the defendant, without offering any evidence, demurred to the plaintiff’s evidence, which demurrer was by the court sustained. The defendant in error has filed a confession of error admitting that the court should not have sustained the demurrer, and prays that the cause be remanded to the district court of Okmulgee County, with directions to set the case for trial and proceed with the cause. In Armstrong v. Taylor, 164 Okla. 37, 22 P.2d 374, this court said:

“Where an…