Opinion

Commercial Bank & Trust Co. v. District Court of the Fourteenth Judicial District Ex Rel. Tulsa County

605 P.2d 1323
1980 OK 3
1980 Okla. LEXIS 289

Court: Supreme Court of Oklahoma
Filed: Jan 15, 1980
Status: Published
Author: Doolin
On the bench: Hodges, Lavender, Irwin, Williams, Barnes, Simms, Har-Grave, Opala, Doolin
Cited by: 5 cases
Authority: More cited than 6.6%

The opinion

DOOLIN, Justice,

dissenting:

In only rare instances should this court assume jurisdiction and grant special relief upon overruling a demurrer or motion.

A writ of prohibition should be denied which is based upon disputed facts and ne *1327 cessitates a review of evidence. 1 Prohibition should not be resorted to nor relief granted as a substitute for appeal. 2 Prohibition should be withheld if the trial court has jurisdiction to act. 3

I dissent.

.Klutts v. Blackbird, 198 Okl. 126 , 174 P.2d 361 (1946); Kans. O. & G. Ry. Co. v. Johnson, 136 Okl. 301 , 278 P. 271 (1929).

. Short v. Dunn, 180 Okl. 121 , 67 P.2d 18 (1937).

. Kedney v. Hooker, 144 Okl. 148 , 289 P. 1108 (1930).

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