Board of Education v. Mayor of Kingfisher
Supreme Court of Oklahoma
Original Proceeding in Mandamus. Proceeding in mandamus to compel the city council of the city of Kingfisher, a city of the first class, to approve a tax levy made by the board of education of the city of Kingfisher. The action was brought as an original proceeding in this court in July, 1896, but the return was made, and brief of plaintiff submitted, too late for consideration at the last term of the court.
1Opinion of the Court
The opinion of the court was delivered by
Bierer, J.:
There are only two questions involved in this case.
First: As to whether the city council of a city of the first, class is bound to approve a tax levy regularly made by the board of education, and which is within the limitation of the law, on its being presented to the city council; or whether the city council may disapprove such levy because, for any reason, it deems the levy too high.
Second: Whether, if the city council is granted no discretion in the approval of the levy made by the board of education, it is any defense to an action to…
2Cases cited2 opinions
- Board of Education v. Board of TrusteesCalifornia Supreme Court · 1892
- Board of Education v. BrownUtah Supreme Court · 1895
3Cited by6 opinions
- Commonwealth v. P. Lorillard Co.Supreme Court of Virginia · 1921
- State ex rel. Kuhlemeier v. RheinSupreme Court of Iowa · 1910
- Better Built Homes & Mortgage Co. v. NolteMissouri Court of Appeals · 1923
- Board of Education v. Board of EstimatesMichigan Supreme Court · 1925
- Parsons v. SimsSupreme Court of Oklahoma · 1924
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