Legal Opinion

Nelson v. Oklahoma City & W. Ry. Co.

Supreme Court of Oklahoma

Decided September 14, 1909No. 156PublishedCited by 14 opinions

Error from District Court, Greer ■ County; C. F. Irwin, Judge. Action by the Oklahoma City & Western Railway Company against Jasper Nelson, as sheriff. Judgment for plaintiff, and defendant brings error. citing: Sharpe v. Engle, 2 Okla. 624; Sweet v. Boyd, 6 Okla. 700; 26 A. & E. Enc. Law 690-1; Hibernian Benev.

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Error from District Court, Greer ■ County; C. F. Irwin, Judge. Action by the Oklahoma City & Western Railway Company against Jasper Nelson, as sheriff. Judgment for plaintiff, and defendant brings error. citing: Sharpe v. Engle, 2 Okla. 624; Sweet v. Boyd, 6 Okla. 700; 26 A. & E. Enc. Law 690-1; Hibernian Benev. Society v. Kelly, 28 Ore. 173; Hayes v. Douglass County, 92 Wis. 429;- Odlin v. Woodruff (Fla.) 22 L. R. A. 701. citing: Sherwin v. Bugbee, 17 Vt. 337; Hewes v. Reis, 40 Cal. 255; Moser v. White, 29 Mich. 59; Coolej'' on Taxation (3d. Ed.) p. 45; Best v. Gholson, 89 Ill. 465; Boyse v.…

1Opinion of the CourtKaNE, C. J.

This was a suit brought by the defendant in error, plaintiff below, against the, plaintiff in error, defendant below, as sheriff of Greer county, to restrain him from collecting certain township taxes assessed against the plaintiff, on the ground that the levy of said tax was illegal and void for the reason that the board of directors of the interested township did not malee out an account of the money necessary to defray the township expenses of said township, and did not cause such an account, to be signed by the president and attested and filed with the county clerk of Greer county on or…

2Cases cited4 opinions

  1. Hewes v. ReisCalifornia Supreme Court · 1870
  2. Sweet v. BoydSupreme Court of Oklahoma · 1898
  3. Best v. GholsonIllinois Supreme Court · 1878
  4. Sharpe, Treasurer v. EngleSupreme Court of Oklahoma · 1895

3Cited by14 opinions

  1. Rogers, County Treasurer v. Bass Harbour Co.Supreme Court of Oklahoma · 1915
  2. Grubb v. SmileySupreme Court of Oklahoma · 1929
  3. Prince Co. v. St. Louis & S. F. Ry. Co.Supreme Court of Oklahoma · 1925
  4. Bonaparte v. American Vinegar Mfg. Co.Supreme Court of Oklahoma · 1932
  5. In Re Assessment of Alleged Omitted Property of KennedySupreme Court of Oklahoma · 1936

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