Legal Opinion

Smock v. Farmers' Union State Bank

Supreme Court of Oklahoma

Decided December 21, 1908No. 397PublishedCited by 29 opinions

Error from District Court, Logan County; A. H¡ Huston, Judge. Mandamus by tbe Farmers’ Union State Bank against H. H. Smock, Bank Commissioner. Judgment for plaintiff, and defendant brings error. This is an application for a writ of mandamus filed by defendant in error, who was plaintiff in the lower court. The trial court, upon plaintiff’s application, granted an alternative writ of mandamus.

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Error from District Court, Logan County; A. H¡ Huston, Judge. Mandamus by tbe Farmers’ Union State Bank against H. H. Smock, Bank Commissioner. Judgment for plaintiff, and defendant brings error. This is an application for a writ of mandamus filed by defendant in error, who was plaintiff in the lower court. The trial court, upon plaintiff’s application, granted an alternative writ of mandamus. To the alternative writ plaintiff in error, defendant below, filed his return, and the case was tried before the court, who, after hearing evidence, rendered judgment granting the peremptory writ. The…

1Opinion of the CourtHayes, J.

(after stating the facts as above). At the time the articles of incorporation of the Farmers' Union State Bank, defendant in error, were filed with the Secretarj' of State, the laws governing the incorporation and organization of state banks were contained in chapter 8, on Banks and Banking, of Wilson's Revised and Annotated Statutes of Oklahoma of 1903, and in four certain acts of the Legislature, one approved March 16,. 1903 (Sess. Laws 1903, p. 83, c. 4), one approved March 13, 1905 (Sess. Laws 1905, p. 84, c. 7), one approved December 17, 1907 (Sess. Laws 1907-08, p. 145, c. 6, art. 2),…

2Cases cited9 opinions

  1. The Paquete HabanaSupreme Court of the United States · 1899
  2. State v. YardleyTennessee Supreme Court · 1895
  3. Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
  4. United Hebrew Benevolent Ass'n v. BenshimolMassachusetts Supreme Judicial Court · 1881
  5. Bibb v. Hall & FarleySupreme Court of Alabama · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Coyle v. SmithSupreme Court of Oklahoma · 1911
  2. Maharry v. EatmanSupreme Court of Oklahoma · 1911
  3. Rasure v. SparksSupreme Court of Oklahoma · 1919
  4. Henley v. DavisSupreme Court of Oklahoma · 1916
  5. Estate of Pigeon v. StevensSupreme Court of Oklahoma · 1921

24 more not listed; retrieve them via the Exa API.

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