Delaware County v. Board of Com'rs, Delaware County

• Decision Date: 29 February 1916
• Docket Number: 6101.
• Citation: 155 P. 881,56 Okla. 81,1916 OK 276
• Parties: DELAWARE COUNTY v. BOARD OF COM'RS OF DELAWARE COUNTY.
• Court: Oklahoma Supreme Court

155 P. 881

56 Okla. 81, 1916 OK 276

DELAWARE COUNTY v. BOARD OF COM'RS OF DELAWARE COUNTY.

No. 6101.

Supreme Court of Oklahoma

February 29, 1916

Syllabus by the Court.

Syllabus same as No. 6100, J. D. Thomason, Co. Treas. of Delaware Co Okl., v. Board of Co. Com'rs of Delaware Co., Okl. supra, not yet officially reported, opinion rendered this date.

Commissioners' Opinion, Division No. 4. Error from District Court, Delaware County; John H. Pitchford, Judge.

Proceedings between the County of Delaware and the Board of County Commissioners of Delaware County. From the judgment, the County brings error. Dismissed.

E. B Hunt, Co. Atty., and Ad. V. Coppedge, both of Grove, and J G. Austin, of Miami, for plaintiff in error.

WATTS C.

On February 4, 1913, the board of county commissioners of Delaware county passed a resolution designating certain state banks as county depositories, and directed the county treasurer to deposit one-half of the county funds in said banks, deposits to draw 3 per cent. interest, and the remaining one-half of the funds to be let for one year to the bank paying the highest rate of interest. The First National Bank of Grove bid 5 1/2 per cent. on daily balances, and was declared a county depository.

On February 5, 1913, the board of county commissioners passed a resolution directing the county treasurer to deposit one-half of the county funds in the bank last mentioned. On October 8, 1913, the board of county commissioners passed the following resolution:

"Be it resolved by the board of county commissioners of Delaware county, Okl.:

That said board finds the following banks situated in Delaware county, Okl., are responsible and qualified to become depositories, viz.: First State Bank of Row, Row Okl., First State of Jay, Jay, Okl., Bank of Kansas, Kansas, Okl., First State Bank of Bernice, Bernice, Okl., Citizens' Bank of Grove, Grove, Okl. And the board has taken from each of said banks a bond in the amount and condition as required by law, and each of said banks is hereby designated as a county depository, and the treasurer of the county is authorized, required, ordered, and directed to use each of said banks, and none other, as county depositories, and each of said banks is required to comply with the conditions of its bond and to pay interest at the rate of 4 per cent. per annum on average daily balance, and shall credit the treasurer monthly with the interest

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