Legal Opinion
Gardner, County Judge v. State Ex Rel.
Supreme Court of Oklahoma
Decided July 12, 1910No. 1394PublishedCited by 2 opinions
Error from District Court, Hughes County; John Cwrutliers, Judge. Action by the State, on the relation of W. P. Langston, County Attorney, against P. W. Gardner, County Judge. Judgment for plaintiff, and defendant brings error. Citing State ex rel. v. Hooker, 26 Olda. 460, and Eldridge v. Salt Lake County (Utah) 106 Pac. 939.
1Opinion of the CourtDunn, C. J.
This action presents error from the district court of Hughes county, and is brought for the purpose of requiring P. W. Gardner, judge of the county court of that County, to account to the board of county commissioners for all fees or money, received by him for approving deeds provided for under section 9 of an act of Congress of May 27, 1908 (chapter 199, 35 Stat. 312), which provides that:
“The death of an allottee of the Five Civilized Tribes shall operate .to remove all restrictions upon the alienation of said al-lottee’s land: Provided, that no conveyance of any interest of any fullblood…
2Cases cited4 opinions
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- Territory v. Long Bell Lumber Co.Supreme Court of Oklahoma · 1908
- Eldredge v. Salt Lake CountyUtah Supreme Court · 1910
- Rhea v. Board of County CommissionersIdaho Supreme Court · 1906
3Cited by2 opinions
- Boxley v. ScottSupreme Court of Oklahoma · 1917
- Opinion No. 78-156 (1978) Ag, Oklahoma Attorney General Reports1978