62 P.2d 1013 | Okla. | 1936
The essential facts in this case are quite similar to the facts in Hawks et al. v. Walsh,
The commissioners' report purported to assess the damage at $3,000. The state filed motion to dismiss and objections to the report of the commissioners, and motion to vacate the report, while the plaintiff sought confirmation of the report and judgment for the sum reported.
The trial court overruled defendant's motion and sustained plaintiff's motion and confirmed the report of the commissioners and rendered judgment against the defendant for the sum of $3,000 and costs. From this judgment this appeal is prosecuted.
The views expressed in the Walsh and Brixey Cases are applicable here, and the conclusion there reached is controlling here. And upon the authority of that decision we hold that this is a suit against the state which cannot be maintained.
Therefore, the judgment rendered in the trial court is reversed, and the cause remanded, with directions to dismiss.
OSBORN, V. C. J., and BAYLESS, BUSBY, and CORN, JJ., concur. GIBSON, J., concurs by reason of the binding effect of the rule of the Hawks and Brixey Cases. RILEY, J., dissents. McNEILL, C. J., and PHELPS, J., absent.