dangerous rule in Oklahoma

1940Ryal v. State, 16 Okla.

1926Ryal v. State, 16 Okla.

1944Pitts v. Walker, 188 Okla. 17 , 105 P. 2d 760 , cited in the majority opinion, is not controlling.

1944Pitts v. Walker, 188 Okla. 17 , 105 P. 2d 760 , cited in the majority opinion, is not controlling.

1940Cr. 274 , 246 P. 647, 648 , cited by defendant, the court says: “It would be a dangerous rule to allow, generally, a conviction to be overturned by the ex parte affidavit of a witness that he committed perjury in the trial of the case.

1929It would be a dangerous principle to adopt, that proof of such fact may rest in parol, notwithstanding the fáct that the statute positively directs that the memory of it shall be preserved by a record in the proper book." Moore v. Cooke, 40 Iowa, 290 . “* * * For all that appears therein, these taxes, if ever directed by anyone, may have been by private individuals not vested by law with the authority to impose a burden upon their neighbors’ property and ¡their own, and ° denominate it a ‘tax’; that the presumption of the legality of the taxes being overcome by introducing the certificates, an

1929It would be a dangerous principle to adopt, that proof of such fact may rest in parol, notwithstanding the fáct that the statute positively directs that the memory of it shall be preserved by a record in the proper book." Moore v. Cooke, 40 Iowa, 290 . “* * * For all that appears therein, these taxes, if ever directed by anyone, may have been by private individuals not vested by law with the authority to impose a burden upon their neighbors’ property and ¡their own, and ° denominate it a ‘tax’; that the presumption of the legality of the taxes being overcome by introducing the certificates, an

1929It would be a dangerous principle to adopt, that proof of such fact may rest in parol, notwithstanding the fáct that the statute positively directs that the memory of it shall be preserved by a record in the proper book." Moore v. Cooke, 40 Iowa, 290 . “* * * For all that appears therein, these taxes, if ever directed by anyone, may have been by private individuals not vested by law with the authority to impose a burden upon their neighbors’ property and ¡their own, and ° denominate it a ‘tax’; that the presumption of the legality of the taxes being overcome by introducing the certificates, an

1925Canal Co., 94 U. S. 741 . the court said: “It 'would be a new and very dangerous doctrine in equity practice to hold that the oestui que trust is not bound by the decree against his trustee in, the very matter of the trust for which he was appointed.

1923This court in the recent opinion of Peebly v. Childers, State Auditor, No. 14569, 95 Okla. 40 , 217 Pac. 1049 , held that the Governor of this state, in approving or disapproving bills passed by both houses of the Legislature, acts, in a legislative capacity, and can exercise only the granted power, and if he exercises such power in a different mode than authorized by the Constitution, his act will be wholly ineffectual for any and every purpose, and amounts to no more than a futile gesture.

1923This court in the recent opinion of Peebly v. Childers, State Auditor, No. 14569, 95 Okla. 40 , 217 Pac. 1049 , held that the Governor of this state, in approving or disapproving bills passed by both houses of the Legislature, acts, in a legislative capacity, and can exercise only the granted power, and if he exercises such power in a different mode than authorized by the Constitution, his act will be wholly ineffectual for any and every purpose, and amounts to no more than a futile gesture.