TaiLexi AI U.S. Case Law

Grant County Excise Board v. Grant County Free Fair Ass'n

Grant County Excise Board v. Grant (County Free Fair Ass'n.

Grant Cnty. Excise Bd. v. Grant Cnty. Free Fair Ass'n, 1932 OK 410, 12 P.2d 203
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 24, 1932
Docket
No. 23146
Judges
Andrews, Hefner, Ottllison, Swindall, McNeill, Kornegay, Lester, Clark, Riley
Citations
12 P.2d 2031932 OK 410157 Okla. 3001932 Okla. LEXIS 890

Opinion of the Court — Andrews

ANDREWS, J.

This is an appeal by the plaintiff in error, hereinafter referred to as defendant, from a judgment of the district court of Grant county in favor of the defendant in error, hereinafter referred to as plaintiff.

The plaintiff filed a petition in the district court of Grant county in which it prayed that court to issue a writ of mandamus against the defendant, and that court issued the writ prayed for.

The record does not show that the attention of the trial court was called to what we consider to be the controlling factor on this appeal, that is, that the plaintiff has no right to sue. Wo do not consider it necessary to enter into an extended discussion of the characteristics of a free fair association as authorized by the statutes of Oklahoma. We deem it sufficient to say that, inasmuch as no authority has been granted to a free fair association to sue, the present action cannot be maintained.

For the reason stated, the judgment of the trial court is reversed and the cause is remanded to that court, with directions to dismiss the action.

HEFNER, OTTLLISON, SWINDALL. MCNEILL, and KORNEGAY, JJ., concur. LESTER, O. J., CLARK, V. C. J., and RILEY, J., absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1937: 11948: 11965: 119372026peak 1937 · 1

Relies on it most ⓘ

  1. Marathon Battery Company v. Kilpatrick1965 OK 212, 418 P.2d 900
  2. Soter v. Griesedieck Western Brewery Co.1948 OK 106, 193 P.2d 575
  3. Hyde Construction Co. v. Stevenson1937 OK 523, 72 P.2d 354

Most recent

  1. Marathon Battery Company v. Kilpatrick1965 OK 212, 418 P.2d 900
  2. Soter v. Griesedieck Western Brewery Co.1948 OK 106, 193 P.2d 575
  3. Hyde Construction Co. v. Stevenson1937 OK 523, 72 P.2d 354

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list