American Exchange Corporation v. Lowry

Upon consideration of the above opinion, some question has been raised whether the language appearing on page 434 thereof (63 P. [2d] p. 73), reading as follows:

"No summons was issued in this case, nor was there any attempt to make service of process by the service of the writ of mandamus"

— conflicts with our decision in Board of County Commissioners of McIntosh County v. Kirby, 174 Okla. 20, 49 P.2d 746.

In the case just cited we held a summons not to be a prerequisite to a peremptory writ of mandamus because the alternative writ takes the place of the petition and summons in an ordinary…