Legal Opinion

Board of County Com'rs v. Kirby

Supreme Court of Oklahoma

Decided October 1, 1935No. 26607PublishedCited by 8 opinions

1Opinion of the CourtRiley, J.

The peremptory writ of mandamus awarded petitioner below commanded the board of county commissioners of McIntosh county to amend and modify the estimated needs of the county for the fiscal year ending June 30, 1936, so as to set up for the fiscal year a sum sufficient to provide for a deputy court clerk and rental for a county courtroom at Checotah.

The board of county commissioners appeal, and contend that:

“* * * The court was without power or jurisdiction to issue the alternative writ of mandamus for the reason * * * no summons has ever been issued in this cause.”

The contention is without…

2Cases cited4 opinions

  1. State Ex Rel. Whitson v. Board of Com'rs, Ellis Co.Supreme Court of Oklahoma · 1917
  2. Ellis v. ArmstrongSupreme Court of Oklahoma · 1911
  3. Wenner v. Board of Education of City of PerrySupreme Court of Oklahoma · 1910
  4. Thompson v. State Ex Rel. CookseySupreme Court of Oklahoma · 1910

3Cited by8 opinions

  1. Clay v. Independent School District No. 1 of Tulsa CountySupreme Court of Oklahoma · 1997
  2. State Ex Rel. Glenn v. SmithIndiana Supreme Court · 1949
  3. Board of County Commissioners v. PriceSupreme Court of Oklahoma · 1963
  4. Board of Com'rs of Carter County v. DoroughSupreme Court of Oklahoma · 1936
  5. American Exchange Corporation v. LowrySupreme Court of Oklahoma · 1936

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