Opinion
No. 23496
April 17, 1934.
(Syllabus.)
Municipal Corporation — Judgment — Nonliability of City on Bonds Issued for Street Improvements — Invalidity of Judgment Against City.
Syllabus in State ex rel. Southern Surety Co. v. Armstrong et al., 158 Okla. 290, 13 P.2d 198, is adopted, and this case affirmed in accordance with the opinion therein rendered.
Appeal from District Court, Okmulgee County; Mark L. Bozarth, Judge.
Mandamus by State ex rel. Southern Surety Company against J. J. Moroney et al., constituting the Excise Board of Okmulgee County. Writ denied, and plaintiff appeals. Affirmed.
J.W. Irwin, Co. Atty., and L.L. Cowley, for plaintiff in error.
Allen, Underwood Canterbury and Paul Pinson, for defendant in error.
The appeal in this case was filed herein April 5, 1932. In cause No. 22410, State ex rel. Southern Surety Co. v. Armstrong et al., 158 Okla. 290, 13 P.2d 198, there was filed a stipulation under date of April 25, 1932, reciting and agreeing by the parties litigant that the cases numbered 22410 and 23496, which involve the same question, may be considered together.
It is therefore the order of the court that the action of the trial court be affirmed upon the authority of the opinion rendered in State ex rel. Southern Surety Co. v. Armstrong, supra.
The judgment of the trial court is therefore affirmed denying the writ of mandamus.
RILEY, C. J., CULLTSON, V. C. J., and SWINDALL, McNEILL, OSBORN, BAYLESS, and WELCH, JJ., concur. ANDREWS, J., absent.