Legal Opinion

State Ex Rel. McIntosh v. Perkins

Supreme Court of Oklahoma

Decided January 21, 1913No. 4042PublishedCited by 7 opinions

Error from District Court, Bryan County; A. H. Ferguson, Judge. Quo warranto by the State on relation of J. T. McIntosh, county attorney, against T. J. Perkins, counsel of the city of Durant. Judgment for defendant, and plaintiff brings error.

1Opinion of the CourtDunn, J.

This case presents error from the district court of Bryan county, and is an action in the nature of quo warranto, brought for the purpose of ousting the defendant in error, T. J. Perkins, from the office of councilman of the second ward of the city of Durant. Plaintiff in error, as plaintiff, stated in his peti tion that the city of Durant was a city of the first class, and had been since statehood; that it contained four wards, and that T. J. Perkins and J. A. Moore were acting as councilmen from ward No. 2 thereof; that the said J. A. Moore was duly elected at the April, 1911, election, and…

2Cases cited5 opinions

  1. State ex rel. Chenoweth v. ActonMontana Supreme Court · 1904
  2. State ex rel. Richardson v. HendersonWyoming Supreme Court · 1894
  3. People ex rel. Murphy v. HardyUtah Supreme Court · 1892
  4. State ex rel. Castle v. SchroederNebraska Supreme Court · 1907
  5. State v. ElliottUtah Supreme Court · 1896

3Cited by7 opinions

  1. People v. ShawyerWyoming Supreme Court · 1924
  2. State ex rel. Hampton v. OakesSupreme Court of Oklahoma · 1955
  3. Allison v. MasseySupreme Court of Oklahoma · 1925
  4. Whaley v. CottonSupreme Court of Oklahoma · 1926
  5. Lewis v. State Ex Rel. MartinSupreme Court of Oklahoma · 1937

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