State Ex Rel. Caldwell v. Oldfield
Supreme Court of Oklahoma
Original application for mandamus by the State, on relation of Fred S. Caldwell, as counsel to the Governor, against Edward D. Oldfield, a Justice of the Peace.
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Original application for mandamus by the State, on relation of Fred S. Caldwell, as counsel to the Governor, against Edward D. Oldfield, a Justice of the Peace. On the 10th day of August, A. D. 1908, this action was instituted in the name of the state, on the relation of Fred S. Caldwell, as counsel to the Governor, in this court, against tbe respondent, Edward D. Oldfield, as justice of tbe peace within and for Oklahoma 'City township, Oklahoma county, of the state .of Oklahoma, alleging in his petition: That on the 23d day of July, A. D. 1908,' there was filed with the said respondent, as…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The only question necessary to pass on, in order to dispose of this case, is whether or not, in trials as to property rights under section 6, art., 3, of the Enforcing Act (Sess. Laws 1907-08, p. 6'05, c. 69), the procedure before magistrates or justices of the peace as provided in sections 4997-5001, inch, Wilson’s Rev. & Ann. St. 1903 (chapter 67, art. 7), applies. In the ease of State ex rel. Caldwell, Relator, v. Hooker, County Judge, Respondent, ante, p. 712, 98 Pac. 964, this court, in construing said section of the Enforcing Act, said:
‘"The…
2Cases cited3 opinions
- State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
- Huston v. ScottSupreme Court of Oklahoma · 1908
- State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895
3Cited by12 opinions
- Farris v. CannonSupreme Court of Oklahoma · 1982
- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- In Re Application of StateSupreme Court of Oklahoma · 1912
- Smith v. MarlandSupreme Court of Oklahoma · 1936
- Salter v. Overstreet, County TreasurerSupreme Court of Oklahoma · 1916
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