City of McAlester v. Jones

This action was instituted in the district court of Pittsburg county by the city of McAlester, hereinafter referred to as plaintiff, against the county treasurer, hereinafter referred to as defendant, wherein it was sought by mandamus to compel payment to plaintiff of certain funds which had been collected as penalties on ad val-orem taxes paid on property located within the corporate limits of the city. The writ was refused by the trial court, and plaintiff has appealed.

The county treasurer, from July to December, 1934, and during January and the iirst eight days of February, 1935, had…