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

> Supreme Court of Oklahoma · February 17, 1998 · 69 O.B.A.J. 656

URL: https://www.frixlaw.com/law-library/cases/5166954

## Case

- **Full name:** Patricia PRESLEY, Oklahoma County District Court Clerk ex rel. COURT FUND GOVERNING BOARD OF OKLAHOMA COUNTY v. The OKLAHOMA DEPARTMENT OF CORRECTIONS, a State Agency
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 17, 1998
- **Citations:** 69 O.B.A.J. 656; 959 P.2d 576; 1998 Okla. LEXIS 15
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Kauger
- **Judges:** Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Watts, Wilson
- **Cited by:** 3 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/5166954

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5166954. Public record. Not legal advice.