Choctaw County Excise Board v. St. Louis-San Francisco Railway Co.

BERRY, Vice Chief Justice

(dissenting).

It is my opinion errors disclosed upon the face of the record are fatal to the conclusion stated. The petitions in the present appeals failed to make allegations which satisfied the mandatory requirements of 62 O.S.1961 § 362(2), (3) (b). Excise Board, etc. v. Kansas City Southern Ry. Co., 173 Okl. 238, 47 P.2d 580. And, the judgments involved reflect total failure to comply with requirements of 62 O.S.1961, § 310.1.

It is my view the" rule of prior decisions requires municipal officers to file proper pleadings and make good faith defense against claims…