Legal Opinion

Board of County Commr's. of Day County v. State

Supreme Court of Oklahoma

Decided September 5, 1907PublishedCited by 15 opinions

Error from the District Court of Day County; before J. L. Pan-coast, Trial Judge. STATEMENT OE FACTS. This action was originally commenced in the district court of Day county, Oklahoma, by the defendant in error filing therein its petition, which, with exhibits attached and referred to in the petition, is as follows: “The state of Kansas, the plaintiff herein, complains of the board of county commissioners of Day county, the defendant herein, and for its causes of action…

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Error from the District Court of Day County; before J. L. Pan-coast, Trial Judge. STATEMENT OE FACTS. This action was originally commenced in the district court of Day county, Oklahoma, by the defendant in error filing therein its petition, which, with exhibits attached and referred to in the petition, is as follows: “The state of Kansas, the plaintiff herein, complains of the board of county commissioners of Day county, the defendant herein, and for its causes of action against said defendant says: “That the state of Kansas is,one of the states of the United States of America, and was…

1Opinion of the Court

Opinion of the court by

Gillette, J.:

This action having been determined in the court below upon a motion for judgment on the pleadings, and owing to the importance of the subject-matter, we have set out at length, in the statement of facts, the pleadings and proceedings had and considered upon the trial of the cause. It will be observed that, while the action is founded upon written instruments, the answer setting up such defense as the count}'' of Day, plaintiff in error, had to the allegations of plaintiff’s petition was not verified, by reason whereof the allegations of the petition,…

2Cases cited14 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Mitchell v. OvermanSupreme Court of the United States · 1881
  3. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  4. Borer v. ChapmanSupreme Court of the United States · 1887
  5. Walnut v. WadeSupreme Court of the United States · 1881

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3Cited by15 opinions

  1. St. Louis S. F. R. Co. v. BrunerSupreme Court of Oklahoma · 1915
  2. State Ex Rel. Board of Educ. of Oklahoma City v. WestSupreme Court of Oklahoma · 1911
  3. Bowling v. MerrySupreme Court of Oklahoma · 1923
  4. The People v. BainIllinois Supreme Court · 1934
  5. Boardman Co. v. Board of Com'rs, Ellis Co.Supreme Court of Oklahoma · 1929

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