Kerker v. Bocher
Supreme Court of Oklahoma
Error from District Court, Pottawatomie County; before B. F. „ ■ Burwell, Judge. Action by J. F. Kerker and others against C. J. Bocher and others. Injunction to prevent collection of assessments for street improvements. Judgment for defendants) and! plaintiffs bring error.
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Error from District Court, Pottawatomie County; before B. F. „ ■ Burwell, Judge. Action by J. F. Kerker and others against C. J. Bocher and others. Injunction to prevent collection of assessments for street improvements. Judgment for defendants) and! plaintiffs bring error. On the 6th day of September, 1904, this action was begun in the district court of Pottawatomie county, Oklahoma Territory, seeking a temporary restraining order against the defendants, as mayor and city council of the city of Shawnee, to enjoin them to issue certificates or tax warrants against the several property of the…
1Opinion of the Court
Williams, 0. J.
(after stating the facts as above). In the language of counsel, “the main contention of plaintiffs in error is that, before the cost of grading streets in cities of the first class in this territory '[.state] can be -assessed against the abutting property and made a legal charge thereon, the improvement must be first authorized, ordered, and provided for by ordinance. Relying on this main contention, appellants in this particular case, in view of the proceedings or lack of proceedings of the mayor and council of the city of Shawnee, further contend that some affirmative action…
2Cases cited42 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Norwood v. BakerSupreme Court of the United States · 1898
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
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3Cited by29 opinions
- State ex rel. Board of Regents ex rel. Campus Disciplinary Council v. LucasSupreme Court of Oklahoma · 2013
- Shultz v. Ritterbusch, County TreasurerSupreme Court of Oklahoma · 1913
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- City of Bartlesville v. HolmSupreme Court of Oklahoma · 1914
- City of Muskogee v. RamboSupreme Court of Oklahoma · 1914
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