School Districts Nos. 44 & 47 v. Baker

Supreme Court of Oklahoma

School Districts Nos. 44 & 47 v. Baker

1934 OK 219, 33 P.2d 480, 168 Okla. 413, 1934 Okla. LEXIS 189

CourtSupreme Court of Oklahoma

DecidedApril 3, 1934

Docket20598

StatusPublished

Cited by2 cases

This text of 1934 OK 219 (School Districts Nos. 44 & 47 v. Baker) 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.

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School Districts Nos. 44 & 47 v. Baker, 1934 OK 219, 33 P.2d 480, 168 Okla. 413, 1934 Okla. LEXIS 189 (Okla. 1934).

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Opinion

ANDREWS, J.

This is an appeal from a judgment of the district court of Payne county, Okla., on appeal to that court from an order of the board of county commissioners of that county vacating that order and sustaining an order made by the county superintendent of that county, the effect of which was to establish a consolidated school district. The protesting voters and some of the common school districts affected appealed to this court.

*414 The decision in this case is 'controlled by the decision of (his court in Board of Com’rs of Garter County et al. v. Woodford Consolidated School Dist. No. 86, 165 Okla. 227, 25 P. (2d) 1057, wherein this court held that an appeal would lie from an order of the county superintendent calling an election for the establishing of a consolidated school district, and that the order of the board of county commissioners thereon was final. In the instant case the judgment of the district court was rendered on appeal from the order of the board of county commissioners to the district court. There was no such (right of appeal. The district court was in error in rendering the judgment appealed from herein.

For that error the judgment of the trial court is reversed. The cause is remanded to that court, with directions to dismiss the action.

SWINDALL, MqNEILL, OSBORN, BAX-LESS, and BUSBX, JJ., concur. CULLISON, Y. C. J., dissents. RILEX, C. J., and WELCH-J., absent.

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ANDREWS, J.

This is an appeal from a judgment of the district court of Payne county, Okla., on appeal to that court from an order of the board of county commissioners of that county vacating that order and sustaining an order made by the county superintendent of that county, the effect of which was to establish a consolidated school district. The protesting voters and some of the common school districts affected appealed to this court.

*414 The decision in this case is 'controlled by the decision of (his court in Board of Com’rs of Garter County et al. v. Woodford Consolidated School Dist. No. 86, 165 Okla. 227, 25 P. (2d) 1057, wherein this court held that an appeal would lie from an order of the county superintendent calling an election for the establishing of a consolidated school district, and that the order of the board of county commissioners thereon was final. In the instant case the judgment of the district court was rendered on appeal from the order of the board of county commissioners to the district court. There was no such (right of appeal. The district court was in error in rendering the judgment appealed from herein.

For that error the judgment of the trial court is reversed. The cause is remanded to that court, with directions to dismiss the action.

SWINDALL, MqNEILL, OSBORN, BAX-LESS, and BUSBX, JJ., concur. CULLISON, Y. C. J., dissents. RILEX, C. J., and WELCH-J., absent.

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1934 OK 219, 33 P.2d 480, 168 Okla. 413, 1934 Okla. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-districts-nos-44-47-v-baker-okla-1934.

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