# Gardner v. Jones

> Supreme Court of Oklahoma · January 17, 1956 · 309 P.2d 731

URL: https://www.frixlaw.com/law-library/cases/9532487

## Case

- **Full name:** W. E. GARDNER, Plaintiff in Error, v. Jimmy K. JONES, Marshall Cox, County Treasurer; And Board of County Commissioners of Delaware County, Oklahoma, Defendants in Error
- **Court:** Supreme Court of Oklahoma
- **Decided:** January 17, 1956
- **Citations:** 309 P.2d 731; 1956 OK 23; 1956 Okla. LEXIS 677
- **Precedential status:** Published
- **Opinion:** On rehearing by Welch
- **Judges:** Williams, Welch, Corn, Halley, Jackson, Hunt, Blackbird, Davison, Johnson
- **Cited by:** 6 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/9532487

## Opinion text

WELCH, Chief Justice.
Supplemental Opinion on Rehearing
In petition for rehearing it is pointed out that this decision is contrary to our former decision in the case of Lawrence v. Ayres, 206 Okl. 218 , 242 P.2d 142 , which opinion cited and followed our former opinion in the case of Lind v. McKinley, 196 Okl. 4 , 161 P.2d 1016 . In connection with this decision we have carefully examined both the former decisions above cited. We are convinced that the determination set out in this opinion is contrary to both our two former decisions above cited. However, we are convinced that the opinion in this case is correct and should stand. Therefore we hereby expressly overrule our former decisions in Lind v. McKinley and Lawrence v. Ayres, supra, insofar as they, or either of them, are contrary to the decision and opinion in this case.
CORN, V. C. J., and HALLEY, WILLIAMS, BLACKBIRD and JACKSON, JJ., concur.
DAVISON and JOHNSON, JJ., dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9532487. Public record. Not legal advice.