Legal Opinion

State Ex Rel. Cartwright v. Tidmore

Supreme Court of Oklahoma

Decided December 12, 1983No. 59372PublishedCited by 30 opinions

1Opinion of the Court

ALMA D. WILSON, Justice.

The dispositive issue on appeal is whether limitation of actions bars a civil suit brought by the State suing in its sovereign capacity. We reaffirm earlier and controlling decisional law, discussed infra, and hold that where the State is suing to vindicate legal rights which are public in nature, rather than private, suit is not barred by limitation of actions.

Our discussion is confined to only those matters briefed on appeal.

On June 11, 1982, the appellant-plaintiff, the State of Oklahoma, filed suit in District Court seeking to recover monies allegedly wrongfully…

2Cases cited10 opinions

  1. Weber v. Board of Harbor CommissionersSupreme Court of the United States · 1873
  2. James v. UNKNOWN TRUSTEES, ETC.Supreme Court of Oklahoma · 1950
  3. State Ex Rel. Commissioners of Land Office v. HallSupreme Court of Oklahoma · 1942
  4. White v. StateSupreme Court of Oklahoma · 1915
  5. Herndon v. Board of Com'rs of Pontotoc CountySupreme Court of Oklahoma · 1932

5 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Reeves v. AgeeSupreme Court of Oklahoma · 1989
  2. Indiana National Bank v. State Department of Human ServicesSupreme Court of Oklahoma · 1993
  3. OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENTSupreme Court of Oklahoma · 2017
  4. District of Columbia v. OWENS-CORNING FIBERGLAS CORPORATIONDistrict of Columbia Court of Appeals · 1990
  5. Oklahoma City Municipal Improvement Authority v. HTB, Inc.Supreme Court of Oklahoma · 1989

25 more not listed; retrieve them via the Exa API.

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