Ewing v. Turner
Supreme Court of Oklahoma
Original Action in Mandamus, in the Supreme Court. This is an original action in mandamus, brought in the supreme court, by Amos A. Ewing, as treasurer of the board of regents of the Agricultural and Mechanical college of the Territory of Oklahoma, against M. L. Turner, as territorial treasurer of Oklahoma Territory.
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Original Action in Mandamus, in the Supreme Court. This is an original action in mandamus, brought in the supreme court, by Amos A. Ewing, as treasurer of the board of regents of the Agricultural and Mechanical college of the Territory of Oklahoma, against M. L. Turner, as territorial treasurer of Oklahoma Territory. The petition prays for an alternative writ of mandamus, which was granted by Chief Justice Dale on the 26th day of January, returnable to the full bench on the 31st day of January, 1894. All the facts are stated in the petition and affidavit and the return to the alternative…
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.:
The questions for determination came up on the issues as shown by the statement of the case.
Can the controversy between the parties be settled without a trial of the title to the office of treasurer of the board of regents of the Agricultural and Mechanical college? If the title to this office will necessarily become involved in the determination of this controversy, the court in the very beginning will encounter a rule of law so well established in our jurisprudence as to admit of uo controversy. It is so well, settled that mandamus will not…
2Cases cited11 opinions
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- People ex rel. Brewster v. KilduffIllinois Supreme Court · 1854
- American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
- People ex rel. Smith v. OldsCalifornia Supreme Court · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bynum v. StrainSupreme Court of Oklahoma · 1923
- Mitchell v. CarterSupreme Court of Oklahoma · 1912
- Rasure v. SparksSupreme Court of Oklahoma · 1919
- Kimball v. OlmstedWashington Supreme Court · 1899
- City of Ardmore v. SayreSupreme Court of Oklahoma · 1915
16 more not listed; retrieve them via the Exa API.