# Carmichael v. Board of County Commissioners

> Supreme Court of Oklahoma · October 6, 1970 · 475 P.2d 387

URL: https://www.frixlaw.com/law-library/cases/5148687

## Case

- **Full name:** Joe W. Carmichael, in Error v. Board of County Commissioners of the County of Woodward, State of Oklahoma, in Error.
- **Court:** Supreme Court of Oklahoma
- **Decided:** October 6, 1970
- **Citations:** 475 P.2d 387; 1970 OK 186
- **Precedential status:** Published
- **Opinion:** Concurrence by McInerney
- **Judges:** Blackbird, McInerney, Berry, Davison, Jackson, Lavender, Irwin, Williams, Hodges, McIner-ney
- **Cited by:** 1 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/5148687

## Opinion text

McINERNEY, Justice
(concurring specially) :
I believe the principal question is whether the fee of the architect contracted to be paid from funds to be later voted by the people in approving a bond issue is an enforceable debt.
Article 10, § 26, Oklahoma Constitution, which is construed in O’Neil Engineering Co. v. Incorporated Town of Ryan, 32 Okl. 738 , 124 P. 19 (1912) and Town of Red Fork v. Gantt-Baker Co., Inc., 130 Okl. 175 , 266 P. 444 (1928), cited by Defendant-in-Error, prohibits such an indebtedness. I would affirm the judgment of the trial court on the basis of the rule announced in these cases.
I am authorized to state that WILLIAMS and HODGES, JJ., concur in the views herein expressed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5148687. Public record. Not legal advice.