Opinion

In Re Initiative Petition No. 2 of Cushing

  • 157 Okla. 54
  • 10 P.2d 271
  • 1932 OK 124
  • 1932 Okla. LEXIS 786
Court
Supreme Court of Oklahoma
Filed
Feb 16, 1932
Status
Published
Author
Kornegay
On the bench
Andrews, Swindall, Lester, Clark, Riley, Hefner, Oullison, McNeill, Kornegay
Cited by
50 cases

holding the procedure is not mandatory, but, if substantially followed, will be sufficient

How later courts described this case

  • holding the procedure is not mandatory, but, if substantially followed, will be sufficient

Written by the judges who cited it.

The opinion

KORNEGAY, J.

(dissenting). I am not able to agree that this court has jurisdiction of this proceeding in error. At one time appellate jurisdiction in connection with initiated measures in cities was conferred upon district courts. This provision was specially repealed by the provisions of chapter 66 of the Session Laws of 1910, page 121, and since that time no provision has been made for an appeal in city initiated matter^. It seems to me that when the parties themselves think they are proceeding by petition in error, this court should not, of its own motion, change the proceedings into an original proceeding, as is done here. It seems to me that if any court has jurisdiction to review the clerk’s action, it is the district .court in the county in which CusMng lies, and by original proceeding in mandamus.

Note. — See under (1) 6 R. C. L. 650; R. O.L. Perm. Supp. p. 1599. (3) 25 R. O. L. 999; R. O. L. Perm. Supp. p. 5639.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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