Hooper v. State ex rel. Cline

Decision Date12 July 1910
Docket NumberCase Number: 1472
Citation26 Okla. 646,1910 OK 223,110 P. 912
PartiesHOOPER, Mayor, v. STATE ex rel. CLINE, City Atty.
CourtOklahoma Supreme Court
Syllabus

¶0 MUNICIPAL CORPORATIONS--Bonds -- Constitutional Provisions--"Public Utilities." The first paragraph of the syllabus in T. N. Coleman v. W. B. Frame, County Clerk, et al., infra, 109 P. 928, is made the syllabus in this case.

Error from District Court, Kiowa County; H. L. Standeven, Special Judge.

Mandamus by the state, on the relation of J. H. Cline, city attorney, against A. F. Hooper, as mayor of the city of Hobart, to compel defendant to call an election for submission of the question of issuing bonds for street improvements. From an order granting the writ, defendant brings error. Reversed.

Nestor Rummons, for plaintiff in error.

J. H. Cline, for defendant in error.

TURNER, J.

¶1 From a judgment of the district court of Kiowa county rendered and entered January 22, 1910, commanding him as mayor, by peremptory writ of mandamus, to call an election whereat there should be submitted to the qualified voters of the city of Hobart the question of issuing bonds of the city in the sum of $ 90,000 for the following purposes, to wit: $ 50,000 for the paving with asphalt of street intersections and alley crossings, together with the necessary grading, gutter, curbing, and drainage for the same; $ 40,000 for public storm sewer, together with installation of necessary manholes, catch-basins, and drainage pipes, and recite therein that such paving and storm sewer were public utilities to be constructed and used exclusively by said city, pursuant to an ordinance of the city council of said city passed on December 17, 1909, plaintiff in error, defendant below, prosecutes this proceeding in error.

¶2 As it is conceded that the sole question involved in this case is whether or not the paving of...

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7 cases
  • Dunagan v. Town of Red Rock
    • United States
    • Oklahoma Supreme Court
    • May 16, 1916
    ... ... In State ex rel. Edwards v. Millar, Mayor, 21 Okla. 448, 96 P. 747, sewers were ... Frame, supra, Hooper, Mayor, v. State ex rel. Cline, 26 Okla. 646, 110 P. 912, and Dingman v ... ...
  • Town of Afton v. Gill
    • United States
    • Oklahoma Supreme Court
    • March 28, 1916
    ...City of Ardmore v. State, 24 Okla. 862, 104 P. 913; Coleman v. Frame, 26 Okla. 193, 109 P. 928, 31 L. R. A. [N. S.] 556; Hooper v. State, 26 Okla. 646, 110 P. 912; Dingman v. City of Sapulpa, 27 Okla. 116, 111 P. 319; Oklahoma City v. State ex rel., 28 Okla. 780, 115 P. 1108), and has in th......
  • City of Lawton v. Morford
    • United States
    • Oklahoma Supreme Court
    • November 25, 1930
    ...State, 24 Okla. 862, 104 P. 913), but a public street is not a public utility. Coleman v. Frame, 26 Okla. 193, 109 P. 928; Hooper v. State, 26 Okla. 646, 110 P. 912; Dingman v. Sapulpa, 27 Okla. 116, 111 P. 319. ¶16 Hereinafter we set out some strong phrases contained in decisions which whe......
  • Denton v. City of Sapulpa
    • United States
    • Oklahoma Supreme Court
    • April 20, 1920
    ...City of Ardmore v. State, 24 Okla. 862, 104 P. 913; Coleman v. Frame, 26 Okla. 193, 109 P. 928, 31 L. R. A. (N. S.) 556; Hooper v. State, 26 Okla. 646, 110 P. 912; Dingman v. City of Sapulpa, 27 Okla. 116, 111 P. 319; Oklahoma City v. State ex rel., 28 Okla. 780, 115 P. 1108. These cases in......
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