Schaeffer v. Jackson, Case Number: 14562

CourtSupreme Court of Oklahoma
Writing for the CourtDICKSON, C.
Citation106 Okla. 194,225 P. 961,1924 OK 41
PartiesSCHAEFFER v. JACKSON.
Decision Date15 January 1924
Docket NumberCase Number: 14562

1924 OK 41
225 P. 961
106 Okla. 194

SCHAEFFER
v.
JACKSON.

Case Number: 14562

Supreme Court of Oklahoma

Decided: January 15, 1924


Commissioners' Opinion, Division No. 4.

Error from District Court, Stephens County; M. W. Pugh, Judge.

Action brought by J. W. Schaeffer to procure a writ of mandamus against J. B. Jackson. Judgment by the court in favor of the defendant and against the plaintiff, to which ruling of the court the plaintiff excepted, and appeals to this court. Affirmed.

Syllabus

¶0 1. Mandamus--Pleadings -- Sufficiency of Alternative Writ.

The only pleadings allowed in a mandamus proceeding are the alternative writ and the answer or return thereto. And where such alternative writ sets up that the plaintiff has been appointed to the office of clerk of a consolidated school district to fill a vacancy caused by the removal of the defendant from such office by the superintendent of public instruction, and that such predecessor refuses to deliver up the books, papers, seal, and paraphernalia of the office, and fails to allege that such removal was for any of the causes mentioned in section 10353, Comp. Stat. 1921, such alternative writ is insufficient to warrant the court in granting the peremptory writ.

2. Same.

An alternative writ of mandamus must show on its face a clear right to the relief demanded and must distinctly set forth all the material facts upon which the plaintiff relies, so that the same may be admitted or traversed. If it fails to do this, it is fatally defective.

3. Officers--Removal--Statutory Grounds.

Where a statute provides that an officer may be removed for certain specified causes, the order of removal must be based upon some one or all of such causes, and cannot be made for other causes.

Commissioners' Opinion, Division No. 4.

Error from District Court, Oklahoma County; George W. Clark, Judge.

Action by S. C. Axtell against Ross E. Thomas & Sons, for recovery of alleged commission for the sale of real estate. Judgment for plaintiff. Defendant brings error. Modified and affirmed.

Womack, Brown & Cund, for plaintiff in error.

Sandlin & Winans, for defendant in error.

DICKSON, C.

¶1 On the 16th day of May, 1923, upon the application of the plaintiff in error, J.W. Schaeffer, the district court of Stephens county issued an alternative writ of mandamus against the defendant in error, J. B. Jackson. The parties will be hereafter referred to as plaintiff and defendant, as they appeared in the trial court.

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4 practice notes
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...367, 40 Pac. 666; Kendrick v. Nelson, 13 Idaho, 244, 89 Pac. 755; Benson v. People, 10 Colo. App. 175, 50 Pac. 212; Schaffer v. Jackson, 106 Okla. 194, 255 Pac. 961; Norton v. Adams, 24 R.I. 97, 52 Atl. 688; 22 R.C.L. sec. 268, p. 563. Public officers cannot be removed except on definite ch......
  • State ex rel. Murray v. Bozarth, Case Number: 25297
    • United States
    • Supreme Court of Oklahoma
    • February 13, 1934
    ...of the accused from the functions of his office until the determination of the matter." ¶9 In the case of Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961, the third paragraph of the syllabus is:"Where a statute provides that an officer may be removed for certain specified causes, ......
  • Angle v. Blake, Case Number: 16481
    • United States
    • Supreme Court of Oklahoma
    • November 10, 1925
    ...duly qualified, and were acting as regular members, and that their term of office had not expired under the law. Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961. The record in this case fails to disclose such a clear right on behalf of the plaintiffs to the peremptory writ. The judgment of ......
  • Akin v. Harris, Case Number: 18852
    • United States
    • Supreme Court of Oklahoma
    • April 30, 1929
    ...that the superintendent had jurisdiction to remove the school officer under section 10353, supra. ¶7 In the case of Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961, the plaintiff sought by mandamus to compel the defendant to deliver to him the books, papers, seal and paraphernalia of a cons......
4 cases
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...367, 40 Pac. 666; Kendrick v. Nelson, 13 Idaho, 244, 89 Pac. 755; Benson v. People, 10 Colo. App. 175, 50 Pac. 212; Schaffer v. Jackson, 106 Okla. 194, 255 Pac. 961; Norton v. Adams, 24 R.I. 97, 52 Atl. 688; 22 R.C.L. sec. 268, p. 563. Public officers cannot be removed except on definite ch......
  • State ex rel. Murray v. Bozarth, Case Number: 25297
    • United States
    • Supreme Court of Oklahoma
    • February 13, 1934
    ...of the accused from the functions of his office until the determination of the matter." ¶9 In the case of Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961, the third paragraph of the syllabus is:"Where a statute provides that an officer may be removed for certain specified causes, ......
  • Angle v. Blake, Case Number: 16481
    • United States
    • Supreme Court of Oklahoma
    • November 10, 1925
    ...duly qualified, and were acting as regular members, and that their term of office had not expired under the law. Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961. The record in this case fails to disclose such a clear right on behalf of the plaintiffs to the peremptory writ. The judgment of ......
  • Akin v. Harris, Case Number: 18852
    • United States
    • Supreme Court of Oklahoma
    • April 30, 1929
    ...that the superintendent had jurisdiction to remove the school officer under section 10353, supra. ¶7 In the case of Schaeffer v. Jackson, 106 Okla. 194, 225 P. 961, the plaintiff sought by mandamus to compel the defendant to deliver to him the books, papers, seal and paraphernalia of a cons......

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