Wooten v. State ex Rel. Butler

2 Citing cases

  1. State v. McCloskey

    2009 OK 90 (Okla. 2009)   Cited 18 times

    See State ex rel. Blankenship v. Freeman, see note 46, supra (action brought by State Attorney General); Gardner v. Scott, 1951 OK 319, ¶ 2, 237 P.2d 863 (action brought by candidate for school board). See also, State ex rel. Rice v. Dunning, 1958 OK 58, ¶ 6, 322 P.2d 1067 (action brought by county attorney authorized); Wooten v. State ex rel. Butler, 1951 OK 132, ¶ 0, 230 P.2d 889 (county attorney authorized to bring action on behalf of state); State ex rel. Williams v. Batson, 1934 OK 752, 39 P.2d 76 (county attorney authorized to bring action to oust appointee for judge on ground that the judge lacked constitutional qualifications); Byrd v. State, 1924 OK 535, ¶ 7, 226 P. 362 (county attorney can challenge offices of members of board of education); State ex rel. Ballard Ins. Com'r v. Hooker, 1912 OK 424, ¶ 5, 33 Okla. 522, 126 P. 231 (Insurance Commissioner is authorized to proceed quo warranto on behalf of state).The Town of Luther v. State ex rel. Harrod, 1967 OK 59, ¶ 30, 425 P.2d 986; Jones v. City of Oklahoma City, 1952 OK 354, ¶ 6, 207 Okla. 431, 250 P.2d 17; Robison v. Chapman, 1932 OK 507, ¶ 36, 158 Okla. 244, 13 P.2d 173. Shore v. Board of Education of Town of Crescent et al., 1924 OK 222, ¶ 29, 97 Okla. 273, 223 P. 867.

  2. State v. Oakes

    1955 OK 61 (Okla. 1955)   Cited 18 times

    The defendant contends that there was only one vacancy beginning when Mrs. Oakes was appointed to fill the unexpired portion of the 1953-1955 term, and extending until the end of the term of which Mr. Oakes had been elected in November, 1954. Plaintiff claims that a second vacancy occurred by the death of Mr. Oakes. Defendant cites the case of Wooten v. State ex rel. Butler, 204 Okla. 423, 230 P.2d 889. There the appointing authority for a county office held that a vacancy existed where the person elected to such office failed to qualify prior to the expiration of the time provided within which such person should qualify, which was 10 days from the commencement of a two year term beginning July 4, 1949, and expiring July 15, 1949. The appointing authority met on July 5, 1949, and found that the person elected had not qualified, declared a vacancy and appointed another person to fill the alleged vacancy.