Legal Opinion

Davis v. Board of Commr. of Lincoln County

Supreme Court of Oklahoma

Decided March 11, 1913No. 3649Published

Error from District 'Court, Lancoln County; ■Chas. B. Wilson, Jr., Ju3ge. Action by George Davis and others against the Board of County Commissioners of Lincoln county and others. Judgment for defendants, and plaintiffs bring error. Plaintiffs in error were plaintiffs in the court below, and defendants in error, defendants.

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Error from District 'Court, Lancoln County; ■Chas. B. Wilson, Jr., Ju3ge. Action by George Davis and others against the Board of County Commissioners of Lincoln county and others. Judgment for defendants, and plaintiffs bring error. Plaintiffs in error were plaintiffs in the court below, and defendants in error, defendants. Plaintiff’s allege in their petition that each of them is the owner of land in Deep Pork drainage district No. 1, in Lincoln county; and that the land of each of them has been assessed to pay for the construction and maintenance of a drainage ditch in Deep Pork Yalley;…

1Opinion

On Rehearing.

2Per curiam

On rehearing our attention is called to the fact that we assumed in the foregoing opinion that the notice ■mentioned in the second section of the syllabus was not given, or, to speak precisely, that there was an entire absence of such notice, whereas, it is contended some notice was given, as disclosed by the allegations nf the petition; that at most such notice was irregular only and not void; that the commissioner in acting upon it passed upon its validity and declared it valid as affording due process of law; and, as no appeal is allowed by statute from their adjudication -of…

3Cases cited11 opinions

  1. Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
  2. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  3. Core v. SmithSupreme Court of Oklahoma · 1909
  4. Betts v. WiseOhio Supreme Court · 1842
  5. Bank of Columbia v. PortlandOregon Supreme Court · 1902

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