"This court will not pass upon the constitutionality of an act of the Legislature, nor any of its provisions, until there is presented a proper case in which it is made to appear that the person complaining by reason thereof has been or is about to be denied some right or privilege to which he is lawfully entitled or who is about to be subjected to some of its burdens or penalties. Starner v. Oklahoma City, 205 Okla. 170, 236 P.2d 479." 470 P.2d at 1014.
"2. If the child be illegitimate, by the mother."Dablemont v. State Dept. of Public Safety, Okla., 543 P.2d 563 (1975), Bradbury v. Oklahoma State Board of Chiropody, Okla., 490 P.2d 246 (1971); In re Mayes-Rogers Counties Conservancy Dist. Formation, Okla., 386 P.2d 150 (1963); Starner v. Oklahoma City, 205 Okla. 170, 236 P.2d 479 (1951). We find 58 O.S. 1971 § 769[ 58-769] to be determinative of the issue as to the surviving parent's prior right to be appointed guardian of the estates of his or her minor children.
See Footnote 2 ante.Starner v. Oklahoma City, 205 Okla. 170, 236 P.2d 479 (1951). Injunctions should not be granted, or should be granted only sparingly, against the enforcement of an allegedly invalid ordinance, resting on the state authority, when only the grounds of unconstitutionality is alleged. It is necessary that further circumstances be shown which bring the case within some clear grounds of equity before granting such relief. The existence of an adequate remedy at law may likewise preclude issuance of an injunction.
He had not been cited for contempt for failure to make the payments and he was not about to be denied some right or privilege to which he was lawfully entitled. This court will not pass upon the constitutionality of an act of the Legislature, nor of any of its provisions, until there is presented a proper case in which it is made to appear that the person complaining by reason thereof has been or is about to be denied some right or privilege to which he was lawfully entitled or who is about to be subjected to some of its burdens or penalties. Starner v. Oklahoma City, 205 Okla. 170, 236 P.2d 479. See also Thrasher v. Board of Governors, Okla., 359 P.2d 717, and Semke v. State ex rel. Okla. Motor Vehicle Com'n, Okla., 465 P.2d 441, 446.
These questions would not be present if the party attacking the constitutionality of the law were relegated to his action for injunctive relief. See Starner v. Oklahoma City, 205 Okla. 170, 236 P.2d 479, for a definite rule in this regard. In the instant case the alleged appeal was in fact filed as a petition for injunctive relief; therefore, the trial court was in error in dismissing same, even though it also purported to be an appeal.