Supreme Court of Oklahoma, 1926

Missouri, K. & T. Ry. Co. v. Long

Supreme Court of Oklahoma · Decided December 7, 1926 · Phelps, Branson, Mason, Harrision, Clark, Nicholson, Lester, Hunt, Riley

251 P. 486; 122 Okla. 86; 1926 OK 976; 1926 Okla. LEXIS 205

Cases that cite this one

36 later published cases cite this decision. The 25 that cite it most often are listed here.

State Ex Rel. Emerald People's Utility District v. Joseph (Or. 1982)
Thomas v. State ex rel. Department of Public Safety (Okla. Civ. App. 1993)
Bushert v. Hughes (Okla. 1996)
In re Initiative Petition No. 349, State Question No. 642 (Okla. 1992)
Lepak v. McClain (Okla. 1992)
United States v. William Brainer, Eugene Gressman, Esq., Amicus Curiae (4th Cir. 1982)
State v. Holmes (Wis. 1982)
Puckett v. Cook (Okla. 1978)
Sands v. Albert Pike Motor Hotel (Ark. 1968)
Siskoy v. Walsh (Wis. 1963)
State Ex Rel. Watson v. Merialdo (Nev. 1954)
Oklahoma Turnpike Auth. v. DIST. COURT OF LINCOLN CTY. (Okla. 1950)
J. Williams v. G. Gianforte (Mont. 2026)
In re Allcat Claims Service, L.P. and John Weakly (Tex. 2011)
State v. Brown (Okla. Civ. App. 1993)
Wideman v. Garbarino (Ariz. 1989)
In re the Oklahoma Turnpike Authority (Okla. 1989)
Eash v. Riggins Trucking Inc. (3d Cir. 1985)
Eash v. Riggins Trucking Inc. (3d Cir. 1985)
Clark v. State Election Board (Okla. 1982)
United States v. Brainer (District Court, D. Maryland 1981)
United States v. Howard (District Court, D. Maryland 1977)
Resolute Ins. Co. v. SEVENTH JUD. DIST. CT. OF OKL. CTY., OKL. (United States District Court, Oklahoma Western 1971)
Resolute Insurance v. Seventh Judicial District Court (United States District Court, Oklahoma Western 1971)
Lindauer v. Allen (Nev. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PHELPS, J.

In this action the Missouri, Kansas & Texas Railway Company filed suit in the district court of Lincoln county against Ora Long, county assessor, and Paul Prince, county treasurer, of Lincoln county, for in-junctive relief as provided in State Question No. 141, Initiative Petition No. 92, adopted by a vote of the people at the regular primary election on August 3, 1926, which action was,, upon the motion of the defendants, dismissed by the district court upon the grounds that said measure was unconstitutional, from which judgment dismissing, the plaintiff appeals to this court.

The questions involved in this case are identical with the question involved in cause No. 17907, Atchison, Topeka & Santa Fe Railway Co. v. Ora Long, County Assessor, et al., opinion in which was this day filed, 122 Okla. 86, 251 Pac. 486, and upon the authorities cited in cause No. 17907, we reach the same conclusion in this case as we reached 'in that, and the opinion, conclusion, and syllabus in that case are hereby adopted and applied to this case, and the judgment of the district court is affirmed.

BRANSON. V. C. J., MASON, HARRISION and CLARK, J.T., concur, NICHOLSON, O. J., and LESTER, .T„ concur in conclusion. HUNT and RILEY, JJ., dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.