Steward v. Territory of Oklahoma Ex Rel. Woods
Supreme Court of Oklahoma
Appeal from the District Court of Oklahoma County. This is a proceeding in mandamus commenced in the district court of Oklahoma county by the Territory of Oklahoma ex rel. J. H. Woods, county attorney, to compel S. A. Steward to pay to the county certain moneys collected by S. A. Steward as probate judge for issuing and recording marriage licenses.
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Appeal from the District Court of Oklahoma County. This is a proceeding in mandamus commenced in the district court of Oklahoma county by the Territory of Oklahoma ex rel. J. H. Woods, county attorney, to compel S. A. Steward to pay to the county certain moneys collected by S. A. Steward as probate judge for issuing and recording marriage licenses. Defendant below demurred to the petition, which demurrer was by the court overruled, and judgment awarded as prayed for in the writ. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Dale, C. J.:
J. H. Woods, county attorney of Oklahoma county, on the relation of the Territory of Oklahoma, filed a petition for mandamus in the district court of Oklahoma county against S. A. Steward. In substance the petition states that Steward was on the 23d day of February, 1891, the duly elected and qualified probate judge of Oklahoma county and Territory of Oklahoma; that during his continuance in office he issued and recorded marriage licenses for which services under the law he collected the sum of $1,280; that said Steward admits the issuance…
2Cases cited5 opinions
- Collet v. AllisonSupreme Court of Oklahoma · 1890
- State ex rel. Ayres v. StockwellSupreme Court of Kansas · 1871
- State ex rel. Meier v. McCrillusSupreme Court of Kansas · 1868
- Evans v. ThomasSupreme Court of Kansas · 1884
- State v. HannonSupreme Court of Kansas · 1888
3Cited by4 opinions
- Rinehart & Dennis Co. v. McArthurSupreme Court of Virginia · 1918
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
- City of Guthrie v. Stewart, County TreasurerSupreme Court of Oklahoma · 1915
- Territory of Oklahoma Ex Rel. Crosby v. CrumSupreme Court of Oklahoma · 1903