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DOWNING v. LYNCH

No. 38732.

354 P.2d 394 (1960)

Donald M. DOWNING, Plaintiff in Error, v. E.H. LYNCH, Justice of Peace, Defendant in Error.

Supreme Court of Oklahoma.

As Amended June 30, 1960.

Rehearing Denied August 2, 1960.

Attorney(s) appearing for the Case

Smith & Brown by Finis Smith, Tulsa, for plaintiff in error.

W. Timothy Dowd, Tulsa, for defendant in error.

PER CURIAM.

Plaintiff is a former justice of peace who resigned in May, 1956. Defendant was appointed his successor. The purpose of this action is to recover the statutory fees in a civil action earned by plaintiff during his term of office as justice of peace.

Plaintiff filed practice for execution. Defendant refused to issue the execution. Plaintiff commenced this action to compel the issuance of execution. The...

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