Legal Opinion

Territory of Oklahoma Ex Rel. Overholser v. Baxter

Supreme Court of Oklahoma

Decided October 6, 1905PublishedCited by 8 opinions

ORIGINAL PROCEEDINGS IN MANDAMUS. STATEMENT OE PACTS. This is an original proceeding in mandamus, to require the auditor of this Territory to register certain bonds issued by the board of county commissioners of Oklahoma county.

Read the full summary

ORIGINAL PROCEEDINGS IN MANDAMUS. STATEMENT OE PACTS. This is an original proceeding in mandamus, to require the auditor of this Territory to register certain bonds issued by the board of county commissioners of Oklahoma county. The ease is submitted to this court upon the following agreed statement of facts: “It is mutually agreed by and between the parties above named that whereas a controversy has arisen as to the legality of the issue of certain bonds by the county of Oklahoma, and whereas a doubt exists as to whether such bonds should be registered by the defendant, it is mutually agreed…

1Opinion of the Court

Opinion of the court by

HatNER, J.:

Upon the agreed statement of facts two questions are submitted to the court for determination. They are: (1). Whether bonds can be issued under the provision of chapter 12 of the statutes of 1897, for purchasing a site for the erection of a jail; and (2), whether such bonds can be issued under the provisions of said act, and the proceeds expended for the purpose of purchasing permanent furnishings and fixtures for the completion of the court house, and placing the same in condition to be used for the transaction of the business of said county.

Section 1 of…

2Cases cited1 opinion

  1. Witt v. City of San FranciscoCalifornia Supreme Court · 1852

3Cited by8 opinions

  1. Board of County Com'rs of Bernalillo County v. McCullohNew Mexico Supreme Court · 1948
  2. Moon v. AlredCourt of Appeals of Texas · 1925
  3. Oklahoma County, Excise Board v. KurnSupreme Court of Oklahoma · 1941
  4. State ex rel. Post v. Board of EducationWest Virginia Supreme Court · 1912
  5. Oklahoma County, Excise Board v. KurnSupreme Court of Oklahoma · 1941

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API