Hirsh v. Twyford
Supreme Court of Oklahoma
Application by Robert H. Hirsh and Thomas E. Kirby for writ of prohibition to James S. Twyford, Special Judge of the Superior Court of Oklahoma County, and P: M. Sullivan.
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Application by Robert H. Hirsh and Thomas E. Kirby for writ of prohibition to James S. Twyford, Special Judge of the Superior Court of Oklahoma County, and P: M. Sullivan. On April 15, 1913, the petitioner, Robert H. Hirsh, as plaintifftherein, commenced an action of ejectment against respondent, P. M. Sullivan, and his tenant, G. W. Briscoe, in the superior court of Oklahoma county to recover a certain tract of land, and damages for its detention; defendant Sullivan made an application for change of judge, and, in a few days thereafter,.filed an answer; the regular judge vacated the bench,…
1Opinion of the Court
RAMSEY, Special Justice
(after stating the facts as above). The writ of prohibition is a prerogative writ of ancient origin and should be used with caution and forbearance for the furtherance of justice, and for securing order and regularity in and among inferior tribunals where there is no other adequate remedy. It is'an extraordinary judicial writ issuing out of a court of superior jurisdiction and directed to an inferior tribunal for the purpose of preventing the inferior tribunal from usurping a jurisdiction with which it is not legally vested. It is a remedy afforded by the common law to…
2Cases cited20 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
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3Cited by40 opinions
- Umholtz v. City of TulsaSupreme Court of Oklahoma · 1977
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
- Ex Parte SullivanCourt of Criminal Appeals of Oklahoma · 1914
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Oklahoma City v. Corporation CommissionSupreme Court of Oklahoma · 1921
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