Legal Opinion

Carter v. State Ex Rel. Taylor

Supreme Court of Oklahoma

Decided December 19, 1919No. 10939PublishedCited by 15 opinions

Mandamus by the State, on the relation of Baxter Taylor, against F. C. Garter, State Auditor. Judgment for relator, and respondent brings error. Affirmed. (All members of the Supreme Court having certified their disqualifications in the case, the following were duly appointed and qualified as Special Justices: N. A. Gibson, H. A. Ledbetter, Ralph E. Campbell, J. G. Ralls, Horace G. Mc-Keever, J. A. Duff, Philos S. Jones, R. H. Loofbourrow, and Jason G. McCombs.)

1Opinion of the CourtLoofbourrow, J.

This is an action brought by the State of Oklahoma, on relation of Baxter Taylor, for writ of mandamus compelling F. C. Carter, State Auditor, to issue and deliver .warrant in the sum of $250 for the month of July, 1919, for salary, to relator as Commissioner of the State Industrial Commission of Oklahoma, the cause having been submitted to the district court of Oklahoma county and judgment rendered in favor of relator, from which the plaintiff in error appeals.

The relator is a nonconstitutional state officer, the State Industrial Commission having been created by chapter 246, Session Laws…

2Cases cited8 opinions

  1. State ex rel. Bashford v. FrearWisconsin Supreme Court · 1909
  2. Larew v. NewmanCalifornia Supreme Court · 1889
  3. State Ex Rel. Matlack v. Oklahoma CitySupreme Court of Oklahoma · 1913
  4. State ex rel. Emmons v. FarmerSupreme Court of Missouri · 1917
  5. Storke v. GouxCalifornia Supreme Court · 1900

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3Cited by15 opinions

  1. Baskin v. State Ex Rel. ShortSupreme Court of Oklahoma · 1925
  2. State ex rel. Jackson v. PorterMontana Supreme Court · 1920
  3. Wilson v. ShawSupreme Court of Iowa · 1922
  4. Lancaster v. Board of CommissionersSupreme Court of Colorado · 1946
  5. State ex rel. Hovey v. ClausenWashington Supreme Court · 1921

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