State Ex Rel. Haskell v. Huston
Supreme Court of Oklahoma
Application by tbe state, on the relation of C. N. Haskell, Governor, for a writ of prohibition to A. H. ITnston, Judge, and Charles West, Attorney General.
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Application by tbe state, on the relation of C. N. Haskell, Governor, for a writ of prohibition to A. H. ITnston, Judge, and Charles West, Attorney General. On July 28, 1908, the state of Oklahoma at the relation of C. N. Haskell, as Governor, filed in this court a petition, wherein A. H. Huston, judge of the eleventh judicial 'district, and Charles West, Attorney General, were named as respondents, for a writ of prohibition, in which he states, in substance, that he is, and was at all times thereinafter mentioned, the Governor of the state of Oklahoma; that respondents are, and were during…
1Opinion of the CourtTurner, J.
(after stating the facts as above). In response to the rule of the court to show cause why the writ of prohibition should not issue as prayed, respondents pleaded, inter alia, that relator, as Governor, has no right to bring this suit, and this we will first determine. The right of the Governor to bring suit in the name of the state., in matters publici juris, has been conceded by the courts of last resort throughout this Union ever since the early days of this republic.
Texas v. White. 7 Wall. 700, 19 L. Ed. 227, was a suit, in the Supreme Court of the United States, in which the state of…
2Cases cited33 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Martin v. MottSupreme Court of the United States · 1827
- Texas v. WhiteSupreme Court of the United States · 1869
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3Cited by63 opinions
- Hendrick v. WaltersSupreme Court of Oklahoma · 1993
- People Ex Rel. Deukmejian v. BrownCalifornia Supreme Court · 1981
- Manchin v. BrowningWest Virginia Supreme Court · 1982
- Johnson v. Commonwealth Ex Rel. MeredithCourt of Appeals of Kentucky (pre-1976) · 1942
- Hirsh v. TwyfordSupreme Court of Oklahoma · 1913
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