Legal Opinion

State Ex Rel. Rucker v. Tapp

Supreme Court of Oklahoma

Decided February 19, 1963No. 40238Published

1DissentBerry, Justice

The Superior Court of Oklahoma County is not allowed to continue in operation because the majority concludes that part (b)* of Sec. 161 must be “restricted” in its scope hy the county population classification prescribed in part (I). My disagreement with the course which the Court has taken in the present case is based on two considerations —First, it is my view that the use of interpretative devices to construe Sec. 161 is unwarranted by the remote and purely .anticipatory nature of the “Incongruity” which the Court finds in the statutory language and which it seeks to avoid; Second, the…

Also in this document: Concurring in part, dissenting in part.

2Cases cited3 opinions

  1. In Re Martin's EstateSupreme Court of Oklahoma · 1938
  2. Whittier v. MurrellSupreme Court of Oklahoma · 1961
  3. Oklahoma Tax Commission v. Board of Com'rsSupreme Court of Oklahoma · 1948

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