Earlboro Tp. v. Howard

• Decision Date: 18 May 1915
• Docket Number: 6942.
• Citation: 149 P. 136,47 Okla. 455,1915 OK 348
• Parties: EARLBORO TP. ET AL. v. HOWARD ET AL.
• Court: Oklahoma Supreme Court

149 P. 136

47 Okla. 455, 1915 OK 348

EARLBORO TP. ET AL. v. HOWARD ET AL.

No. 6942.

Supreme Court of Oklahoma

May 18, 1915

Syllabus by the Court.

After a municipal township has been organized, quo warranto is the proper remedy to determine the question of its legal existence or the validity of its organization. The courts are without power so to do by injunction or to restrain existing officers from exercising their proper functions.

Error from District Court, Pottawatomie County; Chas. B. Wilson Judge.

Action by Earlboro Township, a municipal corporation, and others against R. L. Howard and others, Board of County Commissioners of Pottawatomie County, and others. Judgment for defendants, and plaintiffs bring error. Affirmed.

T. G Cutlip, of Tecumseh, for plaintiffs in error.

Lydick & Eggerman, of Shawnee, for defendants in error.

TURNER J.

This cause is here on error from the district court of Pottawatomie county. The petition was filed by Earlboro and Forest townships, municipal townships in said county, and one Carrall and another Rippy, resident taxpayers of said townships respectively, against the board of county commissioners, the clerk, the treasurer, and the county assessor of that county. The object of the suit was to prevent the attempted organization of Rock Creek township out of portions of Earlboro, Forest, and Davis townships, and to question its legal existence. The prayer of the amended petition in effect was that said commissioners and all defendants be temporarily enjoined (which was done) from the exercise of their proper functions in the attempted organization of said township or in its recognition until the question of the validity of the organization be determined. By leave of court, V. V. Jones, W. J. Ingram, and R. L. Cowan were made parties defendant, whereupon all answered, in effect, that prior to the filing of the petition the township had already been organized pursuant to proper proceedings of the county commissioners, which they set up and relied upon; that said defendants were the duly elected, qualified, and acting board of trustees of said township, and, among other things:

"That the board of county commissioners by due and legal order in due and legal session, created Rock Creek township and that Rock Creek township has since been organized and exercised the functions of a township, and as a township had made its levy and the levy has been passed by the excise board, the taxes have been levied for said township, they are now in the hands of the county treasurer, the township board has created obligations and issued warrants therefor, all of which was legally and properly done, and there are warrants outstanding against this money in the hands of the county treasurer. * * *"

After much unnecessary pleading, a reply was filed, and there was trial to the court, who, in his findings of fact and conclusions of law,...