State Ex Rel. Lee v. Chaney
Supreme Court of Oklahoma
Error from District Court, Pittsburg County; P. B. Cole, Judge. Mandamus by tbe State, on the relation of R. C. Lee, against George M. Chaney, as Mayor, and others, as Councilmen, of the City of McAlester, and others. Judgment for defendants, and relator brings error.
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Error from District Court, Pittsburg County; P. B. Cole, Judge. Mandamus by tbe State, on the relation of R. C. Lee, against George M. Chaney, as Mayor, and others, as Councilmen, of the City of McAlester, and others. Judgment for defendants, and relator brings error. On the 5th day of October, A. D. 1908, the 'state of Oklahoma, on the relation of R. C. Lee, plaintiff in error in this court, commenced its action against George M. Chaney, as mayor, E. C. Million, A. W. Jones, S. Crowl, C. H. Hess, J. L. Farmer, A. S. McKennon, S. ±\. Zike, J. H. Tucker, R. B. Coleman, J. M. Lathim, J. R.…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The following questions are presented for consideration on this record:
■ (1) Has , the Supreme Court of this state the right to exercise the power to ro-examine a decision of the Supreme Court of the territory of Oklahoma construing an act of the Legislature of Oklahoma as being repugnant to the organic act, and determine whether or not such act was, as a matter of fact and law, in conflict with the organic act, and, if said decision was erroneous, to overrule the same?(2) Was section 439, Wilson’s Rev. & Ann. St. 1903 (section 626, St. Okla. 1893),…
2Cases cited38 opinions
- In Re RahrerSupreme Court of the United States · 1891
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Benner v. PorterSupreme Court of the United States · 1850
- Dullam v. WillsonMichigan Supreme Court · 1884
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
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3Cited by10 opinions
- Ex Parte Southern Ry. Co.Supreme Court of Alabama · 1989
- Wentz v. ThomasSupreme Court of Oklahoma · 1932
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- United States v. MackeyDistrict Court, E.D. Oklahoma · 1913
- Quick v. City of FairviewSupreme Court of Oklahoma · 1930
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