Opinion

Branch v. Oklahoma County Excise Board

  • 183 Okla. 295
  • 82 P.2d 225
  • 1938 OK 443
  • 1938 Okla. LEXIS 258
Court
Supreme Court of Oklahoma
Filed
Aug 3, 1938
Status
Published
Author
Hurst
On the bench
Welch, O'Sborn, Bayless, Riley, Phelps, Corn, Hurst, Gibson, Bavtson
Cited by
3 cases
Authority
More cited than 0.4%

The opinion

HURST, J.

(specially concurring). I concur in the result reached in the majority opinion, but do not agree that the case of El Reno Wholesale Grocery Co. v. Taylor (1922) 87 Okla. 140 , 209 P. 749 , and the cases following it should be overruled. This line, of cases has no application whatever to the facts of this case.

It is my belief that the rule to be applied in computing tax levies must be determined at the time the appropriation is requested, and that rule, once attached, must be followed through to its conclusion. Thus, in the instant case, the requested appropriations totaled $3,563135.60, while the cash surplus plus estimated income amounted to $3,385,084.S7. A tax levy is required to finance the budget. In such case, the rule laid down in Hines v. Dalton (1923) 90 Okla. 239 , 217 P. 168 , applies, and it is necessary to compute a reserve as set out in the majority opinion. The fact that during such computation the requested appropriation is reduced to a figure that is less than the cash surplus plus estimated receipts is immaterial, because the rule in the Hines Case has already attached and must be followed through to its completion. The rule of the El Reno Case, since the requested appropriation is in excess of the cash on hand and estimated income from sources other than ad valorem taxes, never enters the picture.

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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