Opinion

State Ex Rel. Williamson v. Longmire

  • 281 P.2d 949
  • 1955 OK 89
  • 1955 Okla. LEXIS 741
Court
Supreme Court of Oklahoma
Filed
Mar 29, 1955
Status
Published
Author
Welch
On the bench
Blackbird, Corn, Davison, Halley, Jackson, Johnson, Welch, Williams
Cited by
10 cases

The opinion

*957 WELCH, Justice

(dissenting).

The majority opinion only passes upon one question, and that is to decide that the decree of April 7, 1954, is not rendered void on its face by the tax point involved, or that the County Judge cannot vacate the decree for that cause on his own motion. While such a determination might be correct as to that one item, I do not believe the opinion goes far enough. I think we should determine several other questions or decline to assume original jurisdiction at all.

The majority opinion does not construe the statute, Title 62, Chapter 3, S.L.1953, or in any manner pass upon it, or upon its validity, or its effectiveness or applicability to this estate; nor decide any other question relating to the form or effectiveness or validity of the decree of April 7, 1954, or whether it might be void for any other reason. These and other questions are presented or tendered and I think we should consider them if we assume original jurisdiction in the cause. It seems to me that the majority opinion dealing only with the one minor point does not render much service in deciding the several questions and problems involved in the settlement of this estate. Therefore I respectfully dissent.

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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