Ex Parte Oklahoma
Annotate this Case
220 U.S. 191 (1911)
U.S. Supreme Court
Ex Parte Oklahoma, 220 U.S. 191 (1911)
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
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.
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