State Ex Rel. Short v. Kygar

Supreme Court of Oklahoma

State Ex Rel. Short v. Kygar

1923 OK 1011, 221 P. 720, 96 Okla. 188, 1923 Okla. LEXIS 258

CourtSupreme Court of Oklahoma

DecidedNovember 20, 1923

Docket14410

StatusPublished

This text of 1923 OK 1011 (State Ex Rel. Short v. Kygar) 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

State Ex Rel. Short v. Kygar, 1923 OK 1011, 221 P. 720, 96 Okla. 188, 1923 Okla. LEXIS 258 (Okla. 1923).

Pincite

Opinion

KANE, J.

This is an original action in quo warranto, similar to original action No. *189 14409, State of Oklahoma ex rel. George F. Short, Attorney General, Plaintiff, v. O. P. Callahan, O. E. Hall, and J. W. Wiker, Defendants, in which an opinion this day has been handed down. As in the principal case, counsel for defendants also filed a demurrer to plaintiff’s petition, upon which the cause now comes on -to be heard. Counsel for plaintiff have filed no separate brief in this cause, assuming, we presume, that the opinion in the principal case is decisive of the Question raised in this.

Counsel for the defendants in a reply brief, filed in the principal case,. called attention to the similarity of the two cases and pointed out some additional reasons why the demurrer to the petition herein should be sustained.

It appearing that the decision in the principal case is decisive of the question raised, the demurrer to the petition herein is sustained and the cause of action dismissed upon the authority of the principal case.

JOHNSON, C. J., and KENNAMER, NICHOLSON, and COCHRAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KANE, J.

This is an original action in quo warranto, similar to original action No. *189 14409, State of Oklahoma ex rel. George F. Short, Attorney General, Plaintiff, v. O. P. Callahan, O. E. Hall, and J. W. Wiker, Defendants, in which an opinion this day has been handed down. As in the principal case, counsel for defendants also filed a demurrer to plaintiff’s petition, upon which the cause now comes on -to be heard. Counsel for plaintiff have filed no separate brief in this cause, assuming, we presume, that the opinion in the principal case is decisive of the Question raised in this.

Counsel for the defendants in a reply brief, filed in the principal case,. called attention to the similarity of the two cases and pointed out some additional reasons why the demurrer to the petition herein should be sustained.

It appearing that the decision in the principal case is decisive of the question raised, the demurrer to the petition herein is sustained and the cause of action dismissed upon the authority of the principal case.

JOHNSON, C. J., and KENNAMER, NICHOLSON, and COCHRAN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1923 OK 1011, 221 P. 720, 96 Okla. 188, 1923 Okla. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-short-v-kygar-okla-1923.