State Ex Rel. McCalister v. Graham

LAVENDER, Justice

(concurring in part and dissenting in part) :

I concur with that portion of the opinion which holds the relators are entitled to have their proceeding filed upon compliance with 28 O.S.1971 § 152.

I dissent to that part of the opinion which upholds the local trial court rule to the effect that one who has complied in full with the statute may also be required *1370to appear before the trial court and testify concerning the matters contained in his affidavit. This latter, in my opinion, is an additional condition or burden upon the re-lators’ right to proceed in the trial court which is not authorized by the statute.