Legal Opinion

Davis, Cty. Judge v. Caruthers, Dist. Judge

Supreme Court of Oklahoma

Decided September 25, 1908No. 270PublishedCited by 11 opinions

Original petition for mandamus by Josiah G. Davis, as judge of the county court, etc., against John Caruthers, as judge of the district court, etc.

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Original petition for mandamus by Josiah G. Davis, as judge of the county court, etc., against John Caruthers, as judge of the district court, etc. This action was begun on the 19th day of May, A. D. 1908, in this court, by the relator filing his petition herein, alleging that at the general election held in this state, on the 17th day of September, A. D. 1907, he was duly elected to the office of county judge of Creek county, receiving a majority of the votes cast in said county at said election for said office, and .that he duly qualified as such judge, and has since the admission of the…

1Opinion of the Court

Williams, .C. J.

(after stating the facts as above). Relator contends that by virtue of section 33 of the Schedule to the Constitution (Bunn’s Ed. § 472) it’was the duty of the judge holding the district court for the Ninth Judicial district at Sapulpa, in Creek county, as the successor of the United States Court at Sapulpa, on his own motion to cause to be transferred, by proper order of said state district court, all matters, proceedings, records, books, papers, and documents appertaining to all causes or proceedings relating to estates pending in said United States Court.

On -the contrary…

2Cases cited26 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1886
  3. Jernigan v. FinleyTexas Supreme Court · 1896
  4. Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
  5. State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896

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3Cited by11 opinions

  1. Eaves v. MullenSupreme Court of Oklahoma · 1910
  2. Parker v. LewisSupreme Court of Oklahoma · 1915
  3. Priddy v. ThompsonCourt of Appeals for the Eighth Circuit · 1913
  4. Rasure v. SparksSupreme Court of Oklahoma · 1919
  5. Burdett v. BurdettSupreme Court of Oklahoma · 1910

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

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