MacThwaite Oil & Gas Co. v. Bolen

Citations

• 187 P. 221
• 77 Okla. 155
• 1919 OK 383
• 1919 Okla. LEXIS 272

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Prohibition — When Writ Lies — Remedy by Appeal — Temporary Injunction.</p> <p>Prohibition will not lie where an inferior court, having jurisdiction of both the subject-matter and the parties, making an erroneous application of the law, grants a temporary injunction, an appeal lying from said order to the Supreme Court, pending which said order may be superseded.</p> <p>2. Appeal and Error — Decisions Revievvable —Temporary Injunction.</p> <p>An order of the district court or.a judge thereof in chambers allowing a temporary injunction may be reviewed in the Supreme Court before final judgment in the case.</p> <p>3. Courts — Acts Coram Non Judice — Grant of Temporary Injunction.</p> <p>The violation of the rules relating to the exercise of jurisdiction does not, any more than in any other case of erroneous decision, make the action of the court coram non judice. To grant such an injunction when the state of the case, tested by the rules established for the exercise of jurisdiction, does not warrant it, is nothing more than judicial error. It is not an act in excess of jurisdiction.</p>