State Ex Rel. Smith v. Brown
Supreme Court of Oklahoma
Original application for a writ of prohibition by the State, on relation of 0. 0. Smith, to be directed to G. A. Brown, Judge of the Eighteenth District Court Judicial District.
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Original application for a writ of prohibition by the State, on relation of 0. 0. Smith, to be directed to G. A. Brown, Judge of the Eighteenth District Court Judicial District. On the 1st day of April, A. D. 1909, 0. 0. Smith, as relator, filed his verified petition in this court for a writ of prohibition against the respondent, G. A. Brown, judge of the Eighteenth District Court Judicial District of the state of Oklahoma, praying that he be prohibited from further proceeding in a certain cause pending in the district court of Beckham county, state of Oklahoma, entitled State of Oklahoma ex…
1Opinion of the CourtWillliaMS, J.
(after stating the facts as above). The following questions are essential for determination in order to dispose of this writ: (1) Is the proceeding for the removal of officers provided for in section 23, art. 3, c. 69, p. 611, Sess. Laws 1907-08, a civil action? (2) Is the judge of a district court vested with judicial discretion in determining whether or not a change of venue shall be granted on application, under section 4256, Wilson’s 'Rev. & Ann. St. 1903 (Code Civ. Proc. § 58) ?
1. Said section 23 in part provides:
“For the purpose of such removal a petition may be filed in the district…
2Cases cited65 opinions
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