# Nipper v. Excise Bd. of Osage County

> Supreme Court of Oklahoma · December 11, 1934 · 170 Okla. 6

URL: https://www.frixlaw.com/law-library/cases/3807526

## Case

- **Full name:** NIPPER Et Al. v. EXCISE BOARD OF OSAGE COUNTY
- **Court:** Supreme Court of Oklahoma
- **Decided:** December 11, 1934
- **Citations:** 170 Okla. 6; 39 P.2d 110; 1934 OK 720; 1934 Okla. LEXIS 653
- **Precedential status:** Published
- **Opinion:** Concurrence by Riley
- **Judges:** Osborn, Swindall, Andrews, Busby, Riley, Cullison, McNeill, Bay-Less, Welch
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3807526

## Opinion text

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
*9
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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3807526. Public record. Not legal advice.