Territory v. Long Bell Lumber Co.
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; C. F. Irwin, Judge. Actions by the Territory of Oklahoma against th.e Long Bell Lumber Company and others, and against the Oklahoma Mill &• Elevator Company and others, and against A. T. Haines and others. Judgments for defendants, and the territory brings error.
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Error from District Court, Kingfisher County; C. F. Irwin, Judge. Actions by the Territory of Oklahoma against th.e Long Bell Lumber Company and others, and against the Oklahoma Mill &• Elevator Company and others, and against A. T. Haines and others. Judgments for defendants, and the territory brings error. The above-entitled eases were all brought in the district court of Kingfisher county, Okla., in the month of October, 1906, by the county attorney of the county, the petitions being signed by him as such official and verified as provided by the statute.- Omitting the formal parts, the…
1Opinion of the CourtBunn, J.
(after stating the facts as above). Wilson's Rev. & Ann. St. Okla. 1903, § 4440, provides:
“An injunction may be granted in the name of the territory to enjoin and suppress the keeping and maintaining of a common nuisance. The petition therefor shall be verified by the county attorney of the proper county, or by the attorney general, upon information and belief, and no bond shall be required.''
It was under the authority conferred on the county attorney by this section of the statute that he acted in bringing these suits, beginning them upon petitions which he verified on his infor mation and…
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