Legal Opinion

Board of Com'rs of Muskogee County v. Fink

Supreme Court of Oklahoma

Decided December 22, 1914No. 5481PublishedCited by 3 opinions

Error from District Court, Muskogee) County; R. P. de Graffenried, Judge. Action between the Board of County Commissioners of Muskogee County and others and D. N. Fink and others. From the judgment, the parties first mentioned bring error, and the adverse parties move to dismiss.

1Opinion of the CourtLoofbourrow, J.

Defendant in error moves to dismiss this appeal; one of the grounds being that the case-made does not affirmatively show that the county attorney of Muskogee county had no authority to prosecute the appeal. Attached to the motion is a certificate of the county clerk to the effect that the minutes and records of the board of county commissioners do not show that they authorized the appeal.

Counsel cite Kingfisher Co. v. Graham, 40 Okla. 571, 139 Pac. 1149, and Sequoyah Co. v. Helms, 40 Okla. 565, 139 Pac. 958, in support of the proposition. In each of the above eases the board of county…

2Cases cited4 opinions

  1. County of San Luis Obispo v. HendricksCalifornia Supreme Court · 1886
  2. Leedy v. Brown, JudgeSupreme Court of Oklahoma · 1910
  3. Kingfisher County v. GrahamSupreme Court of Oklahoma · 1914
  4. Sequoyah County v. Helms, County TreasurerSupreme Court of Oklahoma · 1914

3Cited by3 opinions

  1. Potts v. RubesamSupreme Court of Oklahoma · 1915
  2. Garrett v. State Ex Rel. Attorney GeneralSupreme Court of Oklahoma · 1925
  3. BOARD OF COUNTY COMM'RS OF TULSA COUNTY v. MorganSupreme Court of Oklahoma · 1958

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