Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 1460 (2026)

Recovery by plaintiff

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If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained, to be ascertained by the court or jury, or by referees, as in a civil action, and costs; and a peremptory mandamus shall also be granted to him without delay. R.L. 1910, § 4916.

Notes of Decisions
Cited in 5 cases, 1963–2004 · leading case: Chandler (U.S.A.), Inc. v. Tyree, 2004 OK 16, 87 P.3d 598.
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Chandler (U.S.A.), Inc. v. Tyree, 2004 OK 16, 87 P.3d 598. · cites it 2× “Chandler also argues that the appeal presents an issue of public interest which will likely reoccur, and that such is an exception to the mootness doctrine.”
Lee v. Hester, 642 P.2d 243 (Okla. 1982). “This section implicitly makes imposition of reference subject to judicial discretion. This section now stands repealed.”
Braine v. City of Stroud, 385 P.2d 428 (Okla. 1963). “The wording of 12 O.S.1961, § 1460 imports a recovery of damages in the mandamus proceeding.”
Roberts v. City of Bethany, 668 P.2d 332 (Okla. 1979). “However, the trial court’s refusal to award damages, pursuant to the provisions of 12 O.S.1971, § 1460, quoted above, did constitute reversible error.”
Roberts v. City of Bethany, 668 P.2d 350 (Okla. Civ. App. 1977). · cites it 2× “12 O.S.1971, § 1460 provides: If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained, to be ascertained by the court or jury, or by referees, as in a civil action, and costs; and a peremptory mandamus shall also be granted to him…”
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