Board of Com'rs of Kingfisher County v. Lemley

• Decision Date: 23 February 1909
• Citation: 101 P. 109,23 Okla. 306,1909 OK 36
• Parties: BOARD OF COM'RS OF KINGFISHER COUNTY et al. v. LEMLEY.
• Court: Oklahoma Supreme Court

101 P. 109

23 Okla. 306, 1909 OK 36

BOARD OF COM'RS OF KINGFISHER COUNTY et al. v. LEMLEY.

Supreme Court of Oklahoma

February 23, 1909

Syllabus by the Court.

If the interests of those who are brought into the appellate proceedings as parties will be injuriously affected by a reversal or modification of the judgment complained of without a reopening of the case as to other parties as to whose interests the judgment has become final by the failure to appeal, the appeal will be dismissed.

[Ed Note.-For other cases, see Appeal and Error, Dec. Dig. § 336 ^[*]]

Error from Kingfisher County Court.

Action by Pauline Lemley against the Board of County Commissioners of Kingfisher County and Kingfisher County. Judgment for plaintiff, and defendants bring error. Dismissed.

M. W. Hinch, for plaintiffs in error.

John Bradley, Jr., for defendant in error.

KANE C.J.

This action was commenced below by the defendant in error as plaintiff, against the plaintiffs in error, the board of county commissioners of Kingfisher county, Okl., and Kingfisher county, Okl., and about 40 or 50 private persons as defendants, for the purpose of recovering the sum of $104 alleged to be due her for services as stenographer in taking and transcribing the evidence in a liquor license case. The petition alleged, in substance, that on the 10th day of July, 1907, the board of county commissioners of Kingfisher county met in special session for the purpose of hearing the petition of E. G. Cash for a liquor license, and the remonstrances against said petition; that on the said day the petitioner and remonstrators filed their bond for costs in said matter, and after filing said bond, it was stipulated and agreed by the petitioner and remonstrators, and ordered by the board of county commissioners, that Pauline Lemley, the defendant in error, be employed to take down the evidence and proceedings in shorthand, and afterwards transcribe the same; that the board of county commissioners proceeded to hear the evidence of the petitioner, and the evidence of the remonstrators, against the petitioner; that all of said evidence and proceedings were taken down in shorthand by said Pauline Lemley, and by her transcribed into longhand, and that said services for so doing were reasonably worth $104; that on the 8th day of November, 1907, said transcript was received and filed by the county clerk of said county, and since said date has been in his possession; that said judgment of the board of county commissioners in the liquor license case was affirmed by the district court of Kingfisher county and the Supreme Court of the territory of Oklahoma, and is now final; that the services of taking the proceedings and evidence in such matter in shorthand and transcribing same into longhand were rendered by the plaintiff for the petitioner, the remonstrators, the county clerk, the board of county commissioners, and the county of Kingfisher; that the county of Kingfisher, the remonstrators and their bondsmen, the petitioner and his bondsmen, the county commissioners of Kingfisher county, and the county clerk are jointly and severally indebted to the plaintiff for said services; that she has repeatedly demanded said sum from the defendants, and each of them, and that they have always failed, neglected, and refused to pay the said sum, or any part thereof. The private persons made defendants below were the petitioner and his bondsmen and the remonstrators and their bondsmen. All the defendants entered their appearance in the cause, and filed demurrers to the plaintiff's petition. A hearing was had upon the demurrers, and the county court, after hearing the same, overruled the demurrers of the county of Kingfisher and the board of county commissioners, and sustained the demurrers of all the other par...