Legal Opinion

Maben v. Rosser

Supreme Court of Oklahoma

Decided July 28, 1909No. 808PublishedCited by 41 opinions

Original application by William B. Maben for a writ of prohibition to be directed to Malcolm E. Eosser, Acting Judge of the Tenth Judicial District, Charles West, Attorney General of the State, and Fred S. Caldwell, Counsel to the Governor.

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Original application by William B. Maben for a writ of prohibition to be directed to Malcolm E. Eosser, Acting Judge of the Tenth Judicial District, Charles West, Attorney General of the State, and Fred S. Caldwell, Counsel to the Governor. This is an original action brought in this court by William B. Maben, as plaintiff, against Malcolm E. Eosser, acting judge of the Tenth judicial district, Charles West, Attorney General of the state, and Fred S. Caldwell, counsel to the Governor. Plaintiff by his petition seeks to obtain a writ of prohibition, prohibiting and restraining the defendants…

1Opinion of the CourtHates, J.

(after stating the facts as above). Counsel for defendants correctly state in their brief that this case presents the following three questions: First. Is a judge of a district court subject to impeachment under the provisions of the Constitution of the state? Second. If a judge of a district court is not impeachable, can he, under the laws of the state, be removed from office in a proceeding instituted by accusation in the district court of the county where such officer resides? Third. If a district court has jurisdiction to hear, try, and determine an accusation to remove a judge of the…

2Cases cited14 opinions

  1. De Lima v. BidwellSupreme Court of the United States · 1901
  2. Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  3. Nichols v. StateIndiana Supreme Court · 1891
  4. Rankin v. JaumanIdaho Supreme Court · 1894
  5. Chegaray v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1855

9 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Red Wing Malting Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1926
  2. State Ex Rel. Blankenship v. FreemanSupreme Court of Oklahoma · 1968
  3. Bryan v. FawkesSupreme Court of The Virgin Islands · 2014
  4. Protest of Chicago, R, I. & P. Ry. Co.Supreme Court of Oklahoma · 1929
  5. Application of Central Airlines, Inc.Supreme Court of Oklahoma · 1947

36 more not listed; retrieve them via the Exa API.

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