Oklahoma Reports Volume 75-76

Oklahoma Reports Volume 75-76

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...Freeling v. Lyon, 63 Oklahoma, 165 Pac. 419. In that case the court held that the refusal of the Secretary of State to deiver commissions to notaries public throu bout the state to persons appointed by the Governor was publici juris, and accordingly entertained jurisdiction of an action brought by the state on the relation of the Attorney General directing the Secretary to deliver the commissions. The question of original jurisdiction of this court to issue writs of mandamus and other prerogative writs, independent of the jurisdiction to exercise a general superintending control over all inferior courts and all commissions and boards created by law. has heretofore been considered in the cases of The Homesteaders v. McCombs, 24 Okla. 201, 103 Pac. 691, 38 L. R. A. (N S.) 1000, 20 A. & E. Ann. Gas. 181; State ex rel. West v. Cobb, 24 Okla. 662, 104 Pac. 361, 24 L. R. A. (N. S.) 639; Montgomery v. State Election Board. 27 Okla. 824, 111 Pac. 447; Smith v. Hall, 28 Okla. 435. 114 Pac. 608; State ex rel. Freeling v. McCullough, 67 Oklahoma, 168 Pac. 413. In the Homesteaders case jurisdiction was denied on the ground that the question involved was not publici juris. In the Cobb case it was held that the question of removal of a county judge for misconduct and malfeasance in office presented such a situation as authorized the court in assuming jurisdiction. The action was, however, dismissed on other grounds. In the Montgomery case jurisdiction was denied on authority of the rule announced in the Homesteaders case. Smith v. Hall was a quo warranto proceeding brought by relator who was contesting the right of respondent to the office of county judge of Delaware county. No showing was made that the relief demanded could not be secured by an...show more

Product details

  • Paperback | 466 pages
  • 189 x 246 x 24mm | 826g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236752139
  • 9781236752130