finding that Okla.Const. art. X, § 26, otherwise restricting county expenditures to monies levied for the fiscal year did not bar a claim for the cost of feeding the jail prisoners though monies budgeted for that purpose had been exhausted
How later courts described this case
- finding that Okla.Const. art. X, § 26, otherwise restricting county expenditures to monies levied for the fiscal year did not bar a claim for the cost of feeding the jail prisoners though monies budgeted for that purpose had been exhausted
- holding that a sheriff's lawful expenditure of money to feed prisoners in the discharge of duties imposed upon the sheriff by the Constitution and state laws constitutes a valid charge against the county
Written by the judges who cited it.
Distinguished
Distinguished by Kurn v. Helm, 182 Okla. 260 (1938)
Defendant further urges that the rule announced in the case of Smartt, Sheriff, v. Board of Com’rs of Craig County (1917) 67 Okla. 141, 169 P. 1101, is inapplicable.
The opinion
THACKER, J.
(dissenting). I appreciate the force of the reasons for the opinion of the court; but I dissent for reasons stated in Campbell v. State ex rel. Brett, County Attorney, 23 Okla. 109 , 99 Pac. 778 , in Shannon v. State ex rel. Davidson, 33 Okla. 293 , 125 Pac. 1106 , in Buxton & Skinner Stationery Co. v. Board of County Commissioners of Craig County, 53 Okla. 65 , 155 Pac. 215 , in Kerr, County Clerk, v. State ex rel. Wimbish, County Attorney, 33 Okla. 110 , 124 Pac. 284 , and, especially, for reasons stated in State ex rel. Decker v. Stanfield, 34 Okla. 524 , 126 Pac. 239 , which case finds ample support in Board of County Commissioners of the County of Lake v. Rollins, 130 U. S. 662 , 9 Sup. Ct. 651, 32 L. Ed. 1060 , Wis. Cent. R. Co. v. Taylor Co., 52 Wis. 37 , 8 N. W. 833 , and Grand Island & N. W. R. Co. v. Baker, 6 Wyo. 369 , 45 Pac. 494 , 34 L. R. A. 835, 71 Am. St. Rep. 926 , cited by
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Commissioner Bleakmore in the original but now rejected opinion in this ease, reported in 158 Pac. 601 , L. R. A. 1916F, 892, which I think is correct.