Opinion

Presley ex rel. Court Fund Governing Board of Oklahoma County v. Oklahoma Department of Corrections

  • 69 O.B.A.J. 656
  • 959 P.2d 576
  • 1998 Okla. LEXIS 15
Court
Supreme Court of Oklahoma
Filed
Feb 17, 1998
Status
Published
Author
Kauger
On the bench
Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Watts, Wilson
Cited by
3 cases
Authority
More cited than 45.4%

The opinion

ORDER

KAUGER, Chief Justice.

Application to assume original jurisdiction is denied. The court notes that:

(1) This is not a claim against the court fund but rather one to be brought by the court clerk who is the official charged with the duty of collecting accrued and unpaid costs. 20 O.S.Supp.1993 § 1301; 28 O.S.Supp.1997 § 31.

(2) The court clerk’s claim should be prosecuted in each case for the affected district court rather than on behalf of the court fund in the county; and

(3) Costs must be enforced in the action in which they are taxed and not by a subsequent suit. Moses v. Hoebel, 1982 OK 26 , 646 P.2d 601, 604 ; Kerr v. United Collection Service, Old., 267 P.2d 611, 612 (1954).

HODGES, LAVENDER, SIMMS, HARGRAVE, OPALA, and ALMA WILSON, JJ., concur.

WATTS, J., concurs in part, dissents in part.

SUMMERS, V.C. J., not participating.

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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