Legal Opinion · Dissent

State for Use of Board of County Com'rs of Pontotoc County Ex Rel. Braly v. Ford

Supreme Court of Oklahoma

Decided September 16, 1941No. 30003Published

1DissentOsborn, J.

I concede that there must be strict compliance with the requirements of the statute to authorize the institution of a suit by a taxpayer under the authority granted by the provisions of sections 5964-5965, O. S. 1931, 62 Okla. St. Ann. §§ 372-373. See Randolph v. State ex rel. Awtrey, 169 Okla. 440, 37 P. 2d 648. The conditions imposed by said statutes are not only clear and explicit, but have been referred to in a number of the decisions of this court. In the first place such taxpayer must cause a written demand to be served upon the proper officers, and if said officers refuse, fail, or…

2Cases cited2 opinions

  1. State Ex Rel. Sheel v. IngramSupreme Court of Oklahoma · 1933
  2. Randolph v. State Ex Rel. AwtreySupreme Court of Oklahoma · 1934

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