State Ex Rel. Davis v. Barnett

Citations

• 171 P. 1109
• 68 Okla. 123
• 1918 OK 142
• 1918 Okla. LEXIS 311

Syllabus

<p>(Syllabus.)</p> <p>1. Prohibition — Other Ordinary and Usual Remedies.</p> <p>Prohibition, being an extraordinary remedy, cannot be resorted to when ordinary and usual remedies provided by law are available.</p> <p>2. Same — Lower Court’s Exercise of Jurisdiction.</p> <p>The district court entered judgment in strict conformity to the opinion and mandate of the Supreme Court, and thereafter, pursuant to statute, a new action was commenced by the losing party, within time, for the purpose of setting aside such judgment, “For fraud practiced by the successful party in obtaining the judgment.” Held that, the district court having jurisdiction of the person and subject-matter of the action, the Supreme Court will not interfere by prohibition with the exercise of such jurisdiction, especially where it appears that the inferior court was not asked in any form ro refrain from proceeding with the trial of said cause.</p>