Opinion

In Re Ballot Title for Initiative Petition No. 43, State Question No. 28

  • 35 Okla. 188
  • 128 P. 681
  • 1912 OK 804
  • 1912 Okla. LEXIS 541
Court
Supreme Court of Oklahoma
Filed
Dec 3, 1912
Status
Published
Author
Kane
On the bench
Kane
Cited by
0 cases
Authority
More cited than 0.4%

The opinion

KANE, J.

This is an appeal from the action of the Attorney General in the matter of preparing and filing a title to State

*189

Question No. 28, Initiative Petition No. 43, proposed for the purpose of repealing our present laws in relation to state, county, and precinct election boards, and in lieu thereof providing for state, county, and precinct election boards. It appears that the initiative petition has never been completed in the manner prescribed by law, in that it has never been filed with the Secretary of State with the requisite number of signers. The questions involved in the appeal have therefore become hypothetical. It has been often held by this court that:

“The Supreme Court will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no practical relief can follow.”

(Edwards et al., Board of Trustees, v. Welch,

29 Okla. 335 , 116 Pac.

791; Cleveland-Trinidad Paving Co. v. Woods, 29

Okla. 684, 119 Pac. 123 ;

Bryan v. Sullivan,

29 Okla. 686 , 119 Pac. 124 .)

The appeal is therefore dismissed.

All the Justices concur. .

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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