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London v. Day

LONDON Et Al. v. DAY

London v. Day, 1913 OK 104, 133 P. 181
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
February 11, 1913
Docket
No. 3734
Judges
Curtam, Turner, William'S
Citations
133 P. 1811913 OK 10438 Okla. 4281913 Okla. LEXIS 394
Disposition
Keversed and remanded, with instructions to dismiss.
Summary
Error from Superior Court, Pottawatomie County; George C. Abernathy, Judge. Action by Thomas J. Day against K. H. London and others. Judgment for plaintiff, ■ and defendants bring error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Curtam

PER CURTAM.

This cause presents error from the superior court of Pottawatomie county, and grows out of the action of the State Board of Equalization in raising the assessed value of real estate in said county 50 per cent, over and above the amount fixed by the county board of equalization for the year 1911. The defendant in error, plaintiff below, filed his action to enjoin the plaintiffs in error, being the board of county commissioners, treasurer, and sheriff, from collecting so much of the taxes on the real property of the defendant in error as was caused by the said raise. So far as the merits of the case and the remedy are concerned, they have been settled in this court, directly and in principle in a number of decisions wherein the same and kindred questions were involved, and it would be a useless labor to review what we have there- said. See Williams v. Garfield Exchange Bank, post, 134 Pac. 863 ;

Rumph, Treasurer, v. Joines, ante, 131 Pac. 1095 ;

In re McNeal, 35 Okla. 17 , 128 Pac. 285 ;

In re *429 Western Union Telegraph Co., 29 Okla. 483 , 118 Pac. 376 ;

Board of Corners of Kingfisher County v. Guarantee State Bank et al., 27 Okla. 736 , 117 Pac. 216 ;

Asher State Bank v. Board of Com’rs of Pottawatomie County, 31 Okla. 145 , 120 Pac. 634 .

In addition, however, plaintiff assails the constitutionality of the act of the Legislature under which the foregoing opinions have been rendered. Chapter 87, Sess. Laws 1910. We have examined the contentions made in this regard, but deem them to be without merit.

The judgment of the trial court is therefore reversed, and the cause is remanded, with instructions to dismiss it.

TURNER and WILLIAM'S, JJ., dissent.

How later courts describe this case

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

1913: 11914: 11916: 11933: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Carrico v. Crocker1913 OK 92, 133 P. 181
  2. Hopper v. Oklahoma County1914 OK 404, 143 P. 4
  3. In re Main1933 OK 91, 19 P.2d 153
  4. Huckins Hotel Co. v. Board of Com'rs of Oklahoma County1916 OK 540, 166 P. 1043

Most recent

  1. In re Main1933 OK 91, 19 P.2d 153
  2. Huckins Hotel Co. v. Board of Com'rs of Oklahoma County1916 OK 540, 166 P. 1043
  3. Hopper v. Oklahoma County1914 OK 404, 143 P. 4
  4. Carrico v. Crocker1913 OK 92, 133 P. 181

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 6

DepthCaseCited by
In re Appeal of McNeal, 1912 OK 707, 128 P. 285 19
Bd. of Comm'rs Kingfisher v. Guarantee State Bank, 1911 OK 6, 117 P. 216 15
In re Western Union Tel. Co., 1911 OK 306, 118 P. 376 10
Asher State Bank v. Bd. of Com'rs of Pottawatomie, 1912 OK 4, 120 P. 634 9
Williams, Cnty. Clerk v. Garfield Exch., 1912 OK 435, 134 P. 863 20
Rumph, Cnty. Treasurer v. Joines, 1913 OK 407, 131 P. 1095 6

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