Legal Opinion

Incorporated Town of Westville v. Incorporated Town of Stillwell

Supreme Court of Oklahoma

Decided November 9, 1909No. 229PublishedCited by 6 opinions

Original action to contest a county seat election by the Incorporated Town of Westville against the Incorporated Town of Stillwell and others. Citing: 6 A. & E. Ene. L. 325; Bowser v. Smith, 3 Mo. 45; Daly v. Pebroff, 10 Phila. 389; State Board of Freeholders, 35 N. J, Law, 269; Fowler v. State (Tex.) 3 S. W. 255; Tarbox v. Sughrue, 36 Kan. 225; Lowe v. Wheeler, 2 Ellsw.

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Original action to contest a county seat election by the Incorporated Town of Westville against the Incorporated Town of Stillwell and others. Citing: 6 A. & E. Ene. L. 325; Bowser v. Smith, 3 Mo. 45; Daly v. Pebroff, 10 Phila. 389; State Board of Freeholders, 35 N. J, Law, 269; Fowler v. State (Tex.) 3 S. W. 255; Tarbox v. Sughrue, 36 Kan. 225; Lowe v. Wheeler, 2 Ellsw. El: Cas. 61; Ciarle v. Robinson, 88 Ill. 504; Quinn v. Lattermore, 120 N. 0. 426; Pain on Elections, sec. 360.

1Opinion of the CourtWilliaMS, J.

The questions essential to be decided for a proper disposition of this case are as follows:(1) Was the county of Adair under the act of April 17, 1908 (Sess. Laws 1907-08, p. 378, c. 31, art. 4), a necessary party to this proceeding in Order for this court to acquire jurisdiction thereof ?(2) Is section 12 of said act, widen provides that “every person desiring to vote at such special election, after having passed the challengers whose duties shall be the same as prescribed by law governing any general election, and being admitted to the room, shall, before being given a ballot, permit .the…

Also in this document: Concurrence.

2Cases cited24 opinions

  1. Parvin v. WimbergIndiana Supreme Court · 1892
  2. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
  3. Tebbe v. SmithCalifornia Supreme Court · 1895
  4. Kirk v. RhoadsCalifornia Supreme Court · 1873
  5. Vallier v. BrakkeSouth Dakota Supreme Court · 1895

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3Cited by6 opinions

  1. City of Blackwell v. City of NewkirkSupreme Court of Oklahoma · 1912
  2. Town of Checotah v. Town of EufaulaSupreme Court of Oklahoma · 1911
  3. City of Tecumseh v. City of ShawneeSupreme Court of Oklahoma · 1931
  4. Incorporated Town of Ryan v. Town of WaurikaSupreme Court of Oklahoma · 1911
  5. Lowther v. NissleySupreme Court of Oklahoma · 1913

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

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