RAMSEY v. CRENSHAW

RAMSEY v. CRENSHAW
1926 OK 938
250 P. 1020
120 Okla. 193
Case Number: 16501
Decided: 11/23/1926
Supreme Court of Oklahoma

RAMSEY
v.
CRENSHAW et al.

Syllabus

¶0 Municipal Corporations--Paving--Sufficiency of Petition by Property Owners--Statutes.
Under section 4592, C. S. 1921, providing that a petition for improvements shall be signed by a majority of the owners of the land liable to assessment for such improvements, it is not mandatory nor jurisdictional that the petition shall show upon its face that it was signed by a majority of such property owners; and the amendment of said section by section 7, ch. 173, S. L. 1923, providing that "such petition shall further show that the petitioners are the record owners of such land liable for assessment," does not alter the foregoing rule.

Walter Mathews, for plaintiff in error.
S. J. Berton, for defendants in error.

JARMAN, C.

¶1 On October 6, 1924, a petition signed by a number of property owners was submitted to the mayor and council of the city of Cushing for the paving of Noble street in said city. Sam Ramsey, the owner of certain properties affected by the paving proceedings, filed this action to enjoin the mayor and city council from taking any further proceedings towards paving Noble street.