Clayton v. Trimmer, County Treasurer

Supreme Court of Oklahoma

Clayton v. Trimmer, County Treasurer

1915 OK 262, 148 P. 718, 46 Okla. 244, 1915 Okla. LEXIS 1150

CourtSupreme Court of Oklahoma

DecidedMay 4, 1915

Docket4356

StatusPublished

This text of 1915 OK 262 (Clayton v. Trimmer, County Treasurer) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clayton v. Trimmer, County Treasurer, 1915 OK 262, 148 P. 718, 46 Okla. 244, 1915 Okla. LEXIS 1150 (Okla. 1915).

Pincite

Opinion

WATTS, C.

This action was commenced in the district court of Garvin county, by the plaintiffs in error, Clayton et al., against the defendants in error, Trimmer, as Treasurer, et al., who will be referred to as they appeared in the district court. In their petition plaintiffs ask for an injunction against the defendants, who were the treasurer and sheriff of the county, alleging that the .sheriff had issued an unlawful tax warrant against their property, and had placed the same in the hands of the sheriff, and had directed the sheriff to collect the amount of the warrant, *245 together with the penalty and costs, praying for an injunction. The defendants filed a demurrer, which was sustained by the court, from which the plaintiffs have appealed.

Transcript of the proceedings was filed in this court September 14, 1912. Defendants waived service and entered their appearances; but neither of the parties have filed briefs, nor has there been an application for an extension of time. Therefore, under rule No. 7 of this court (38 Okla. vi, 137 Pac. ix), wé recommend the appeal be dismissed for want of prosecution.

By the Court: It is so ordered.

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WATTS, C.

This action was commenced in the district court of Garvin county, by the plaintiffs in error, Clayton et al., against the defendants in error, Trimmer, as Treasurer, et al., who will be referred to as they appeared in the district court. In their petition plaintiffs ask for an injunction against the defendants, who were the treasurer and sheriff of the county, alleging that the .sheriff had issued an unlawful tax warrant against their property, and had placed the same in the hands of the sheriff, and had directed the sheriff to collect the amount of the warrant, *245 together with the penalty and costs, praying for an injunction. The defendants filed a demurrer, which was sustained by the court, from which the plaintiffs have appealed.

Transcript of the proceedings was filed in this court September 14, 1912. Defendants waived service and entered their appearances; but neither of the parties have filed briefs, nor has there been an application for an extension of time. Therefore, under rule No. 7 of this court (38 Okla. vi, 137 Pac. ix), wé recommend the appeal be dismissed for want of prosecution.

By the Court: It is so ordered.

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Bluebook (online)

1915 OK 262, 148 P. 718, 46 Okla. 244, 1915 Okla. LEXIS 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-trimmer-county-treasurer-okla-1915.