State Ex Rel. Sims v. Caruthers
Court of Criminal Appeals of Oklahoma
Original action in mandamus by the state, on the relation of Bunner Sims, against John Caruthers, judge of the Ninth judicial district. This is an original action in mandamus, brought in this court under the provisions of section 12, art. 1, c. 28, p. 283, of the Session Laws of the state of Oklahoma passed in the year 1908 (Laws 1907-08), and article 33, c. 66, Wilson’s Rev. &. Ann.
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Original action in mandamus by the state, on the relation of Bunner Sims, against John Caruthers, judge of the Ninth judicial district. This is an original action in mandamus, brought in this court under the provisions of section 12, art. 1, c. 28, p. 283, of the Session Laws of the state of Oklahoma passed in the year 1908 (Laws 1907-08), and article 33, c. 66, Wilson’s Rev. &. Ann. St. Okla. 1903. Relator was indicted by the grand jury of the United States District Court in and for the Western District of Indian Territory, at the February, 1907, term of said court, sitting at Okmulgee, in…
1Opinion of the Court
BAKER, Judge,
(after stating the facts as above). After carefully considering the proof in this case, and reading and analyzing all the authorities cited on both sides, and such additional authorities as we were able to find after an exhaustive and painstaking search, we find at least four questions are presented herein: First. Is relator entitled to a writ of mandamus when he has a plain and adequate remedy in the ordinary course of law? Second. What law of procedure shall apply in the disposition of the cases against him? Shall the law of Arkansas, as adopted by Congress, and put in force in…
2Cases cited37 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Kring v. MissouriSupreme Court of the United States · 1883
- Beavers v. HaubertSupreme Court of the United States · 1905
- Callan v. WilsonSupreme Court of the United States · 1888
- Rassmussen v. United StatesSupreme Court of the United States · 1905
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3Cited by22 opinions
- Ex Rel Eubanks v. Cole, District JudgeCourt of Criminal Appeals of Oklahoma · 1910
- Thacker v. MarshallCourt of Criminal Appeals of Oklahoma · 1958
- Ex Parte AndersonSupreme Court of Oklahoma · 1912
- Dyer v. RossySupreme Court of Puerto Rico · 1916
- Brummitt v. Higgins, JudgeCourt of Criminal Appeals of Oklahoma · 1945
17 more not listed; retrieve them via the Exa API.