Stearns v. State Ex Rel. Biggers
Supreme Court of Oklahoma
Error from District Court, Pottawatomie County; James B. Tolbert, Judge. Action by the State, on the relation of Virgil B. Biggers, County Attorney, and others, for writ of mandamus to Frank P. Stearns, mayor of city of Shawnee, and others. Judgment for plaintiffs, and defendants bring error.
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Error from District Court, Pottawatomie County; James B. Tolbert, Judge. Action by the State, on the relation of Virgil B. Biggers, County Attorney, and others, for writ of mandamus to Frank P. Stearns, mayor of city of Shawnee, and others. Judgment for plaintiffs, and defendants bring error. This is an action for mandamus -brought by defendant in error in the district court of Pottawatomie county against the mayor and members of the city council of the city of Shawnee to compel them to reconvene and canvass the returns from the First ward in the city of Shawnee of the votes cast at an…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The two propositions upon which plaintiffs in error insist that the judgment of the trial.court should be reversed are (1) that the writ of mandamus is a discretionary one, and the court should not in its discretion compel a canvassing board to canvass returns which had been fraudulently made ; and (2) that no notice as required'by law was given of the election at which the freeholders were elected to prepare and propose the charter.
The proceedings in this case looking to the framing, proposing, and adopting the charter were had under the provisions of…
2Cases cited27 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- State ex rel. Willard v. StearnsNebraska Supreme Court · 1881
- State Ex Rel. Reardon, Co. v. ScalesSupreme Court of Oklahoma · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Davis v. WardeSupreme Court of Georgia · 1923
- Champlin v. CarterSupreme Court of Oklahoma · 1920
- Lister v. Superior CourtCalifornia Court of Appeal · 1979
- Oklahoma Ry. Co. v. PowellSupreme Court of Oklahoma · 1912
- Roberts v. MarshallSupreme Court of Oklahoma · 1912
15 more not listed; retrieve them via the Exa API.