TERRITORY OF OKLAHOMA v. WOODRING

TERRITORY OF OKLAHOMA v. WOODRING
1905 OK 23
82 P. 574
15 Okla. 202
Decided: 02/11/1905
Supreme Court of Oklahoma

Supreme Court of the Territory of Oklahoma.

TERRITORY ex rel. THACKER, Co. Atty.,

v.

WOODRING, et al.

Error from the Probate Court of Greer County: before T.P. Clay, Trial Judge

February 11, 1905.

Syllabus by the Court.

¶0 1. BAIL - Powers of Courts and Clerks as to. Courts have inherent power to take bial or recognizance in a criminal case, but clerks have such power only when it is conferred upon them by statute.

     2. SAME - Clerk. Our statute does not authorize the clerk of the district court to take bail in a criminal case, and hence a bail bond taken by him is void. 

Chas. M. Thacker, Co. Atty., for plaintiff in error.
    No appearance for defendant in error.

HAINER, J.

¶1 This is an action on a bail bond taken in a criminal action by the deputy clerk of the district court of Greer county. The facts in this case are identical with those in the case of Territory of Oklahoma, ex. rel. v. Allen, et al., cause No. 1596, decided at this term of the court, and the same question of law is involved. Upon the authority of that case, the judgment of the court below is affirmed, at the costs of plaintiff in error.

¶2 Beauchamp, J., absent; all the other Justices concurring.