STATE EX REL. OTJEN v. MAYHUE

No. 44145.

476 P.2d 317 (1970)

STATE of Oklahoma ex rel. of William J. OTJEN, Executor of the Estate of T.B. Blake, deceased, Petitioner, v. Francis MAYHUE, Associate District Judge of the District Court of Pontotoc County, Oklahoma, Respondent.

Supreme Court of Oklahoma.

November 3, 1970.


Attorney(s) appearing for the Case

Deaton & Gassaway, Ada, Rodgers & Rodgers, John H. Gurley, Blackwell, for petitioner.

Lambert, Roberts, Jaques & Heard, by Frank H. Jaques, Ada, for respondent.


BERRY, Vice Chief Justice:

Petitioner has applied for extraordinary relief by writ of prohibition, to enjoin respondent from proceeding in a pending action, upon grounds of attempted exercise of unauthorized jurisdiction and unwarranted application of judicial force. Although application for relief is denied, presentation of a question of first impression justifies written expression.

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