McClelland v. Erwin
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Earner, Trial Judge. STATEMENT OR FACTS. This Avas an action brought in the district court of Kay county, to try the title to tbe office of police judge of the city of Ponca City, a city of the first class. The plaintiff in error, J. C. McClelland, was the candidate on the Republican ticket for police judge, and A. PI. Erwin, AAras the Democratic candidate for said office.
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Error from the District Court of Kay County; before Bayard T. Earner, Trial Judge. STATEMENT OR FACTS. This Avas an action brought in the district court of Kay county, to try the title to tbe office of police judge of the city of Ponca City, a city of the first class. The plaintiff in error, J. C. McClelland, was the candidate on the Republican ticket for police judge, and A. PI. Erwin, AAras the Democratic candidate for said office. The election was held on the 7th day of April, 1903, and upon a canvass of the votes, the plaintiff in error and defendant in error were found to have an equal…
1Opinion of the Court
Opinion of the court by
1'rwin, J.:
The first proposition in the ease, which we will discuss briefly, is the motion of the defendant in error to dismiss the appeal, for the reason that the term of office for the recovery of which this action is brought having expired, it would be impossible for this court to grant the relief prayed for, namely, the removal of one person from the office, and the indicting of another therein. And it is therefore contended, that as the full relief asked for, to wit: the restoring to plaintiff in error of the office which he seeks, and the furniture, fixtures, and…
2Cited by14 opinions
- State Ex Rel. Edwards v. MillarSupreme Court of Oklahoma · 1908
- State ex rel. Case v. Superior CourtWashington Supreme Court · 1914
- McGrane v. County of Nez PerceIdaho Supreme Court · 1910
- Town of Eufaula v. GibsonSupreme Court of Oklahoma · 1908
- Boevers v. Election Bd. of Canadian CountySupreme Court of Oklahoma · 1981
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