State ex rel. Bonney v. Arthurs
| Citation | 169 P.2d 561,197 Okla. 215,1946 OK 177 |
| Decision Date | 04 June 1946 |
| Docket Number | 32541. |
| Parties | STATE ex rel. BONNEY v. ARTHURS, Superior Judge. |
| Court | Supreme Court of Oklahoma |
Original prohibition proceeding by the State, on the relation of W. C Bonney, petitioner, against Herbert L. Arthurs, Superior Judge of Creek County, Okl., respondent, to direct respondent to desist from proceeding further in action 4238, Carnes et al. v. P.J. Stephenson and W. C. Bonney, and to dismiss the action.
Writ granted.
Syllabus by the Court.
Where one court of concurrent jurisdiction has issued a writ of mandamus directing the County Treasurer to proceed in the manner provided by law for the collection of delinquent special sewer warrants, another court of concurrent jurisdiction has no power or authority to entertain an action seeking to cancel said sewer warrants; persons asserting the right to have such sewer warrants cancelled should sue in the first court or intervene in the action pending therein.
Tom Wallace and Everett S. Collins, both of Sapulpa, and DeWayne Hays and LeRoy Powers, both of Oklahoma City, for petitioner.
Don W Walker and R. E. Stephenson, both of Sapulpa, for respondent.
W. C. Bonney petitions this court to issue a writ of prohibition directed to Herbert L. Arthurs, Superior Judge of Creek County, directing him to desist from proceeding further in action 4238, Carnes et al. v. P.J. Stephenson and W. C. Bonney to dismiss said action.
Upon consideration of the allegations of petition for writ of prohibition, the response thereto and the briefs of the parties, it appears that prior to the filing of the above action 4238, W. C. Bonney had filed an action in the district court of Creek County, No. 25887, W. C. Bonney vs. P.J. Stephenson, County Treasurer, seeking a writ of mandamus to require the county treasurer to sell, as provided by law, certain installments of sewer warrants due in District 7, Sapulpa, Oklahoma, owned by Bonney, and an alternative writ was granted and the cause is still pending. These actions are the latest in a long series of actions attacking the validity of the sewer district and seeking to obstruct the collection of the warrants, Berryhill et al. v. City of Sapulpa et al., 97 Okl. 65, 222 P. 555, Payne County Treasurer, et al. v. Smith, 107 Okl. 165, 231 P. 469, and actions in the local court from which no appeals were taken and a previous action within the original jurisdiction of this court for prohibition. The validity of the sewer district and the warrants issued and the right of the holder to enforce them by lawful methods has uniformly been upheld heretofore, but we are not informed that an attack such as is involved in action 4238 has heretofore been directed at these warrants.
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