BOARD OF DIRS. v. BOARD OF COM'RS

BOARD OF DIRS. v. BOARD OF COM'RS
1928 OK 676
272 P. 374
134 Okla. 118
Case Number: 18407
Decided: 11/27/1928
Supreme Court of Oklahoma

BOARD OF DIRECTORS OF HARPER TWP., DEWEY COUNTY,
v.
BOARD OF COM'RS OF DEWEY COUNTY.

Syllabus

¶0 Mandamus by the Board of Commissioners of Dewey County against the Board of Directors of Harper Township, Dewey County. Judgment for plaintiff, and defendant appeals. Reversed.

Error from District Court, Dewey County; T. P. Clay, Judge.

N.S. Corn, for plaintiff in error.
Edwin Dabney, Atty. Gen., and Randell Cobb, Asst. Atty. Gen., for defendant in error.

RILEY, J.

¶1 The township board of Harper township, Dewey county, refused to deliver to the board of county commissioners of Dewey county the money and property belonging to said township, as they were required to do under the provisions of section 6, ch. 107, S. L. 1927. The township officers maintained that the act of the Legislature (abolishing township officers, etc.) was unconstitutional.

¶2 The Attorney General, pursuant to instructions from the Governor, filed an application in the court below in the name of the board of county commissioners of Dewey county for a writ of mandamus to compel compliance with the act of the Legislature. The trial court granted and issued its peremptory writ of mandamus to compel compliance on the part of the township board. The township board superseded the judgment and perfected its appeal.