Legal Opinion

In Re Lee

Supreme Court of Oklahoma

Decided October 2, 1917No. 9182PublishedCited by 68 opinions

Original application by John W. Lee for a writ of mandamus to William M. Franklin, as Clerk of the Supreme Court of the State of Oklahoma.

1Opinion of the Court

MILEY, j.

The only question necessary to the determination of this case is whether that portion of section 5, ch. 87, Session Laws 1915, p. 135, providing that a docket fee of $25 shall be taxed, collected, and recoverable as other costs in each case filed in the Supreme Court, and requiring an advance payment to the clerk of $40, is invalid.

By chapter 97, Session Laws 1913, p. 161, salaries were prescribed to be paid by the state to the clerk of the Supreme Court and the Criminal Court of Appeals and his assistants. The act also prescribed a schedule of fees to be charged and collected by the…

2Cases cited20 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Harrigan v. GilchristWisconsin Supreme Court · 1904
  3. State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
  4. State v. RogersSupreme Court of Alabama · 1894
  5. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908

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

3Cited by68 opinions

  1. LeCroy v. HanlonTexas Supreme Court · 1986
  2. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1975
  3. Green v. Siegel, Barnett & SchutzSouth Dakota Supreme Court · 1996
  4. Matter of RichSupreme Court of Oklahoma · 1979
  5. Calvey v. DaxonSupreme Court of Oklahoma · 2000

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

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