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Legal Opinion · Dissent

Mozley v. Coleman

Supreme Court of Oklahoma

Decided January 16, 1923No. 10705Published

1DissentMcNEILL, J.

I am unable to agree with the majority opinion, and especially the law announced in the second paragraph of the syllabus, wherein the court stated as follows:

“The judgment of the county court forfeiting to the state of Oklahoma an automobile alleged to have been used in violation of the prohibitory laws of the state prior to the enactment of chapter 188, Session Laws 1917, is void, the court being without jurisdiction to enter such judgment.”

It is my contention that the judgment of the county court was erroneous and voidable, but not void. I realize that a dissenting opinion can have but…

2Cases cited35 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Windsor v. McVeighSupreme Court of the United States · 1876
  3. Wilcox v. JacksonSupreme Court of the United States · 1839
  4. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  5. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838

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