Opinion

Nipper v. Excise Bd. of Osage County

170 Okla. 6
39 P.2d 110
1934 OK 720
1934 Okla. LEXIS 653

Court: Supreme Court of Oklahoma
Filed: Dec 11, 1934
Status: Published
Author: Riley
On the bench: Osborn, Swindall, Andrews, Busby, Riley, Cullison, McNeill, Bay-Less, Welch
Cited by: 0 cases
Authority: More cited than 0.1%

The opinion

RILEY, C. J.

(concurring specially). I find no conflict between the cases of Hall v. Turner et al., 125 Okla. 248 , 257 P. 328 , and City of Shidler v. Speer & Sons Co. et al., 62 F. (2d) 544.

The federal case dealt with innocent purchasers of the bonds for value without notice of infirmities. The state case dealt with

validity of the election at which the bonds were voted. The fault arises by certification of validity of the bonds by the Attorney General on March 3, 1924, subsequent to institution of a taxpayers’ suit on February 9, 1924, challenging validity of the bonds. The federal case decided that the rule of lis pendens did not apply, and for this holding there appears ample authority.

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