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Ex Parte Oklahoma, 220 U.S. 191 (1911)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ex Parte Oklahoma, 220 U.S. 191 (1911)
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Ex Parte Oklahoma No. 9, Original Argued April 4, 5, 1910 Ordered for reargument before full bench May 31, 1910 Reargued February 23, 1911 Decided April 3, 1911 220 U.S. 191
Syllabus
Prohibition is an extraordinary writ which will issue against a court which is acting clearly without any jurisdiction whatever, and where there is no other remedy; but where there is another legal remedy, by appeal or otherwise, or where the question of jurisdiction is doubtful or depends on matters outside the record, the granting or refusal of the writ is discretionary. In re Rice, 155 U.S. 396. Mandamus cannot perform the office of an appeal or writ of error, and is only granted as a general rule where there is no other adequate remedy. Re Atlantic City R. Co., 164 U.S. 633.
Where, in an action to enjoin state officer from enforcing a state statute against articles in interstate commerce, the interlocutory injunction can be corrected in the Circuit Court of Appeals, and there is a direct appeal on the question of jurisdiction to this Court after final decree, an adequate remedy is provided and the writ of prohibition could only be granted on the ground of absolute right and this Court in this case decline to allow it to issue.
There is an identity of the principles which govern mandamus and prohibition, and the latter writ is also refused in this case, as there is a remedy by review in this Court after final judgment. Ex Parte Nebraska, 209 U.S. 436.
The facts are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Oklahoma, 220 U.S. 191 (1911) in 220 U.S. 191 220 U.S. 192–220 U.S. 198. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HAGQE1R6XLJ4C8F.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Oklahoma, 220 U.S. 191 (1911), in 220 U.S. 191, pp. 220 U.S. 192–220 U.S. 198. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HAGQE1R6XLJ4C8F.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Oklahoma, 220 U.S. 191 (1911). cited in 1911, 220 U.S. 191, pp.220 U.S. 192–220 U.S. 198. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HAGQE1R6XLJ4C8F.
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