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181 Okla. 34

72 P.2d 510

Walker v. Womack

Supreme Court of Oklahoma

Decided October 12, 1937

Supreme Court of Oklahoma · decided 1937-10-12

Cited by 6 later decisions — most recently October 1951

6 state decisions

Key passage — most relied on by later courts

““A writ of certiorari brings up for review the sole question of whether the inferior tribunal kept within or exceeded the jurisdiction conferred upon it by law. The writ cannot be used to correct errors of law or fact committed by an inferior tribunal within the limits of its jurisdiction.””

quoted by 1 later decision, including Huebert v. Keen

““The general rule is that the writ of certiorari will lie when there is no adequate remedy by appeal or otherwise.””

quoted by 1 later decision, including Huebert v. Keen

Relies on Parmenter v. Ray, County Judge · Oliver v. State Ex Rel. State Board of Medical Examiners · Coon v. Robinett

Good law ✅— No negative treatment on recordhow we know

Decided 1937-10-12

View the full empirical analysis of this case →

GIBSON, J.

¶1 Petitioner seeks a writ of certiorari for review of the judgment of the county court of Jackson county revoking his beverage license issued pursuant to the provisions of chapter 153, S. L. 1933.

¶2 The foregoing statute provides certain procedure for the revocation of such licenses for the causes therein set out, but fails to authorize appeal from the court’s judgment. Petitioner says that under the general rule that the writ will issue where there is no adequate remedy by appeal or otherwise (Oliver v. State Board of Medical Examin *35 ers, 122 Okla. 66, 251 P. 31), lie is entitled to the same in the instant case.

¶3 The petition discloses that the county court had jurisdiction of the parties, the subject matter of the proceedings, and power to enter the judgment complained of. Should we grant the writ and the record be transmitted here in compliance therewith, no apparent gain would result to the petitioner. There are no other jurisdictional questions to review, and review on cer-tiorari is limited to jurisdictional matters. Parmenter v. Ray, 58 Okla. 27, 158 P. 1183.

¶4 But petitioner contends that the trial court heard no evidence upon the matters for which the statute authorizes revocation of the license, and for that reason exceeded its jurisdiction or was without power to enter the judgment.

¶5 An examination of the judgment reveals that the license was revoked after a hearing, and upon grounds authorized by law. Petitioner, of necessity, treats the proceeding in county court as a judicial one, and we, neither affirming nor denying his contention, will so view the matter. The judgment is therefore entitled to all presumptions favoring its validity. It is to be presumed that the trial court heard sufficient evidence upon which to base its judgment. Certiorari cannot be used to correct errors of law or fact within the court’s jurisdiction. Coon v. Robinett, 135 Okla. 114, 274 P. 669. This court, on certiorari, will not examine into the sufficiency of the evidence upon the merits of a cause.

¶6 The writ is denied.

OSBORN, C. X, BAYLESS, V. C. X, and WELCH, PHELPS, CORN, HURST, and DAVISON, JX, concur. RILEY, X, absent.
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