State Ex Rel. Malone v. Crile

OPINION OF THE COURT

SIMMS, J.

After having heard a reargument of this cause and having considered the supplemental briefs filed by the parties and those filed by the amici curias, we have come to the conclusion that the original opinion filed in this case should be withdrawn and the matter should be disposed of anew.

Relator appeals from a judgment dismissing his suit in mandamus against the commissioner of public lands of this state, who refused to execute to relator an oil and gas lease upon two grounds, namely: (1) Because relator failed to apply for his new lease before the expiration of…