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DUKE v. TURNER

No. 178.

204 U.S. 623 (1907)

27 S.Ct. 316

51 L.Ed. 652

DUKE, MAYOR OF THE CITY OF GUTHRIE, v. TURNER.

Supreme Court of United States.

Decided February 25, 1907.

Attorney(s) appearing for the Case

Mr. A.H. Huston, with whom Mr. L.E. Payson, Mr. William R. Benham and Mr. James Hepburn were on the brief, for plaintiff in error.

Mr. Frank Dale, with whom Mr. A.G.C. Bierer was on the brief, for defendants in error.

MR. JUSTICE DAY delivered the opinion of the court.

The original action was a proceeding in mandamus commenced in the District Court of Logan County, Oklahoma Territory, July 23, 1903, by Turner and Kirkwood against the mayor and councilmen of the city of Guthrie. The petitioners obtained a writ of mandamus in the District Court to compel the city officials, for the payment of certain warrants, to levy a tax upon the property...

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