McMurtry v. County Commissioners

Supreme Court of Oklahoma

McMurtry v. County Commissioners

1896 OK 57, 55 P. 1069, 6 Okla. 60, 1896 Okla. LEXIS 5

CourtSupreme Court of Oklahoma

DecidedSeptember 6, 1895

StatusPublished

Cited by3 cases

This text of 1896 OK 57 (McMurtry v. County Commissioners) 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

McMurtry v. County Commissioners, 1896 OK 57, 55 P. 1069, 6 Okla. 60, 1896 Okla. LEXIS 5 (Okla. 1895).

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Opinion

Opinion of the court by

Scott, J.:

This action was commenced in the district court of Roger Mills county by J. W. McMurtry, as county attorney, and as a citizen and taxpayer, on behalf of himself and other taxpayers of said county, to restrain W. P. Francis, C. B. Howerton and J. B. Freeman, county commissioners, A. G. Gray, county clerk, and W. W. Owens, county treasurer of said county, from issuing bonds of said county for the payment of certain warrants alleged to been issued and drawn, before any assessment of the taxable property of said county was ever had, for the reason that said warrants were then illegal and void. A temporary restraining order was issued *61 by Hon. Jno. L. Burford, presiding judge, wbicb was afterwards made perpetual by Justice McAtee, successor to Justice Burford in that jurisdiction.

The only distinction between this case and that of Hoffman v. County Commissioners, 3 Okla., 325, is, that Roger Mills county is embraced in the territory opened to settlement under the act of congress approved March 3, 1891, opening the Cheyenne and Arapahoe Indian Reservation to settlement, and the warrants involved were issued in Roger Mills county before an assessment was had, and were held not to be valid and binding obligations against said county, and in the case of Hoffman v. County Commissioners, supra, the warrants were issued in Pawnee county before an assessment was had, and were held to be valid obligations of said county, and Pawnee county is embraced in the territory opened to settlement under the act of March 3, 1893, opening the Cherokee Outlet and Pawnee and Tonkawa Indian Reservations.

The reasoning in the case cited is applicable to the case now before us, and upon the reasoning of that case, the judgment of the lower court must be reversed.

All the Justices concurring, except Burford, J., and Mc-Atee, J., not sitting.

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Opinion of the court by

Scott, J.:

This action was commenced in the district court of Roger Mills county by J. W. McMurtry, as county attorney, and as a citizen and taxpayer, on behalf of himself and other taxpayers of said county, to restrain W. P. Francis, C. B. Howerton and J. B. Freeman, county commissioners, A. G. Gray, county clerk, and W. W. Owens, county treasurer of said county, from issuing bonds of said county for the payment of certain warrants alleged to been issued and drawn, before any assessment of the taxable property of said county was ever had, for the reason that said warrants were then illegal and void. A temporary restraining order was issued *61 by Hon. Jno. L. Burford, presiding judge, wbicb was afterwards made perpetual by Justice McAtee, successor to Justice Burford in that jurisdiction.

The only distinction between this case and that of Hoffman v. County Commissioners, 3 Okla., 325, is, that Roger Mills county is embraced in the territory opened to settlement under the act of congress approved March 3, 1891, opening the Cheyenne and Arapahoe Indian Reservation to settlement, and the warrants involved were issued in Roger Mills county before an assessment was had, and were held not to be valid and binding obligations against said county, and in the case of Hoffman v. County Commissioners, supra, the warrants were issued in Pawnee county before an assessment was had, and were held to be valid obligations of said county, and Pawnee county is embraced in the territory opened to settlement under the act of March 3, 1893, opening the Cherokee Outlet and Pawnee and Tonkawa Indian Reservations.

The reasoning in the case cited is applicable to the case now before us, and upon the reasoning of that case, the judgment of the lower court must be reversed.

All the Justices concurring, except Burford, J., and Mc-Atee, J., not sitting.

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Bluebook (online)

1896 OK 57, 55 P. 1069, 6 Okla. 60, 1896 Okla. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmurtry-v-county-commissioners-okla-1895.

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