MENDELSON v. ZILAR Co. Assessor

MENDELSON v. ZILAR Co. Assessor
1925 OK 606
238 P. 425
113 Okla. 77
Case Number: 16138
Decided: 07/14/1925
Supreme Court of Oklahoma

MENDELSON et al.
v.
ZILAR, Co. Assessor.

Syllabus

¶0 Appeal and Error--Dismissal--Failure to Revive Cause.
Where the term of office of a county assessor expires after a judgment in his favor in the trial court, but before case-made is settled and signed, and the case is not revived in that court against his successor, the appeal will be dismissed.

Error from District Court, Ottawa County; J. J. Smith, Judge.

Mandamus by J. C. Mendelson, for himself and for others similarly situated, against Will N. Zilar, County Assessor of Ottawa County. From the judgment, the former brings error. Dismissed.

Frank Nesbitt and W. R. Chesnut, for appellant.
A. Scott Thompson and Dyke Ballinger, for appellee.

PER CURIAM.

¶1 This is a mandamus action brought in the district court of Ottawa county, by the plaintiff in error, to compel the defendant in error, county assessor of that county, to transfer on the tax book certain property assessed for taxation in Quapaw township to the incorporated town of Cardin. The writ of mandamus was denied, and plaintiff in error appealed.