Legal Opinion

Board of County Commissioners v. Smith

Supreme Court of Oklahoma

Decided February 13, 1907PublishedCited by 4 opinions

Error from the District Court of Woodward County; before Jno. H. Burford, Trial Judge. STATEMENT OF FACTS. The basis of this action was-a claim filed before the board of county commissioners of Woodward county, by the defendant in error, Smith, as a claim against said county in the sum of $691.95, for publishing the delinquent personal and real estate tax lists.

Read the full summary

Error from the District Court of Woodward County; before Jno. H. Burford, Trial Judge. STATEMENT OF FACTS. The basis of this action was-a claim filed before the board of county commissioners of Woodward county, by the defendant in error, Smith, as a claim against said county in the sum of $691.95, for publishing the delinquent personal and real estate tax lists. The commissioners disallowed all of said claim, except $6.52. An appeal was taken by the defendant in error, Smith, to the district court. The case was referred to D. P. Marum, by Chief Justice Burford, who had been assigned to that…

1Opinion of the Court

Opinion of the court by

Pancoast, J.:

Several propositions are contended for: First, that the district court never acquired jurisdiction of the appeal from the commissioners, for the reason that the claim filed before the county commissioners was not itemized and verified as required by law. Counsel’s position in this regard is not tenable. 'The claim was itemized as fully and completely as it could have been, as a copy of the publication was filed with the claim. This was a complete itemized statement. The verification was in the usual form, showing just what had been done.

The second…

2Cases cited2 opinions

  1. Allen and Rixse v. Co. Comr's. Cleveland Co.Supreme Court of Oklahoma · 1903
  2. Endion Improvement Co. v. Evening Telegram Co.Wisconsin Supreme Court · 1899

3Cited by4 opinions

  1. Lee v. HaizlipSupreme Court of Oklahoma · 1909
  2. Ayers v. CoonSupreme Court of Oklahoma · 1915
  3. Salter v. Overstreet, County TreasurerSupreme Court of Oklahoma · 1916
  4. Ward v. ButlerSupreme Court of Oklahoma · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API