City of Shawnee v. City of Tecumseh
Supreme Court of Oklahoma
Error from District Court, Pottawatomie Comity; Chas. B. Wilson, Jr., Judge. Mandamus by the City of Tecumseh against the City of Shawnee and others. Judgment for plaintiff, and defendants bring error.
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Error from District Court, Pottawatomie Comity; Chas. B. Wilson, Jr., Judge. Mandamus by the City of Tecumseh against the City of Shawnee and others. Judgment for plaintiff, and defendants bring error. This is an application by the city of .Tecumseh for peremptory writ of mandamus to compel the mayor and council of the city of Shawnee to. include in the estimate, to be made and returned to the county excise board of Pottawatomie county for the fiscal year ending June 30 1915, a sum sufficient to pay off a judgment which the ■city of Tecumseh has against the city of Shawnee, in the sum of…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). In a mandamus proceeding “no other pleading or written allegation is allowed than the writ and answer.” Section 4915, Rev. Laws 1910. It therefore follows that the contention of plaintiff in error that the proper pleadings were not filed in this case is without merit. The judgment rendered and here complained of is res adjudicata, and every fact that was involved in said judgment or that could have been involved was finally disposed of, and consequently the court did not err in refusing to hear the evidence offered by plaintiff in error…
2Cases cited3 opinions
- United States v. BeebeSupreme Court of the United States · 1888
- Woodworth, County Clerk v. Town of HennesseySupreme Court of Oklahoma · 1912
- Territory of Oklahoma Ex Rel. Crosby v. CrumSupreme Court of Oklahoma · 1903
3Cited by14 opinions
- Bath v. DumasSupreme Court of Oklahoma · 1925
- State Ex Rel. St. Louis-S. F. R. Co. v. BoyettSupreme Court of Oklahoma · 1938
- Braine v. City of StroudSupreme Court of Oklahoma · 1963
- Federal Deposit Ins. Corporation v. CasadyCourt of Appeals for the Tenth Circuit · 1939
- Board of Com'rs of Carter County v. WortenSupreme Court of Oklahoma · 1927
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