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Opinion No., (1952)

Court: Oklahoma Attorney General Reports Number:  Visitors: 2
Filed: Mar. 18, 1952
Latest Update: Mar. 03, 2020
Summary: OPINION — AG — ** PENALTY — FORFEITURE — RECOVERY ** INASMUCH AS THE STATUTE UNDER WHICH YOU CONTEMPLATE PROCEEDING WAS ENACTED IN 1947, LONG AFTER THE ENACTMENT OF THE PROVISIONS OF 12 Ohio St. 95 [ 12-95 ], AND SINCE SAID STATUTE PROVIDES THAT ANY ACTION FILED BY YOU THEREUNDER WILL BE FILED " IN THE NAME OF THE STATE OF OKLAHOMA ", THAT PENALTIES RECOVERED WILL BE RECOVERED BY " THE STATE ", AND THEN WHEN COLLECTED SAME WILL BE PAID TO THE " COMMISSIONERS OF THE LAND OFFICE, WHO SHALL CREDIT
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OPINION — AG — ** PENALTY — FORFEITURE — RECOVERY ** INASMUCH AS THE STATUTE UNDER WHICH YOU CONTEMPLATE PROCEEDING WAS ENACTED IN 1947, LONG AFTER THE ENACTMENT OF THE PROVISIONS OF 12 Ohio St. 95 [12-95], AND SINCE SAID STATUTE PROVIDES THAT ANY ACTION FILED BY YOU THEREUNDER WILL BE FILED " IN THE NAME OF THE STATE OF OKLAHOMA ", THAT PENALTIES RECOVERED WILL BE RECOVERED BY " THE STATE ", AND THEN WHEN COLLECTED SAME WILL BE PAID TO THE " COMMISSIONERS OF THE LAND OFFICE, WHO SHALL CREDIT TO THEM TO THE PERMANENT SCHOOL FUND OF THIS STATE " AND IN VIEW OF THE DECISION OF OUR SUPREME COURT IN THE ' WOOTEN ' CASE (129 P.2d 584) THE AG CONCURRS IN THE CONCLUSION REACHED BY YOU; YOU ARE 'NOT' BARRED BY 12 Ohio St. 95 [12-95] FROM FILING AN ACTION. (CIVIL ACTION, LEGAL, REAL ESTATE, COLLECTION, LIABILITY, JUDGMENT, JUDGEMENT, CORPORATION, LIMITATIONS) CITE: 12 Ohio St. 95 [12-95], 19 Ohio St. 1.25 [19-1.25], 18 Ohio St. 1.19 [18-1.19], 18 Ohio St. 1.25 [18-1.25], 18 Ohio St. 1.23 [18-1.23], 18 Ohio St. 1.24 [18-1.24] (FRED HANSEN)

Source:  CourtListener

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