Allison v. Howell
| Decision Date | 24 April 1951 |
| Docket Number | No. 35019,35019 |
| Parties | ALLISON v. HOWELL, District Judge, et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
1. When a court, either of limited or general jurisdiction, assumes to act under a special statute which specifically submits the questions to be determined, the power and jurisdiction of the court in that proceeding are limited by the terms of the act and any act done or decision rendered outside of and beyond the limits of the jurisdiction so specifically conferred are in excess of jurisdiction and void.
2. Section 11, Chapter 2, Title 37, S.L.1947, 37 O.S.Supp. § 163.11, specifically enumerates the questions to be determined by the county judge on the initial hearing on an application for a retail dealers license to sell non-intoxicating beverages and when the court affirmatively finds in favor of the applicant upon each and all of the questions submitted for determination such applicant is entitled to the issuance of a license, and the further action of the county court, or the judge thereof, in refusing to issue such license because of proof on extraneous matters is in excess of jurisdiction and void.
3. Where a court, or the judge thereof, acts outside of and beyond the jurisdiction conferred upon him by law and there is no provision in the special act under which he proceeds for correction of this erroneous assumption of jurisdiction by appeal, certiorari is a proper remedy to bring the record of those proceedings to this court for review.
Bill Crain, Wewoka, for petitioner.
This is an original application of Mrs. Leo Allison for writ of certiorari to review the action of Hubert Hargrave, County Judge of Seminole County, and the action of Bob Howell, District Judge, on appeal from the County Court, in denying the application of petitioner for license to sell non-intoxicating beverages in the City of Wewoka, Seminole County, Oklahoma.
Petitioner made application to the County Judge of Seminole County for a retail dealer's permit to sell non-intoxicating beverages as defined by law on the property described as 1020 South Mekusukey, in the City of Wewoka; that proper and legal notice of the hearing of the application was given; that various citizens of Wewoka appeared and protested against the issuance of the license; that upon the hearing petitioner conclusively proved that she had all of the qualifications required by law for the issuance of said license; that at the conclusion of this hearing, the County Judge found that petitioner possessed all of the statutory qualifications which entitled her to such a license, but found that by reason of extraneous matters introduced in evidence by protestants that it was not in public interest for such license to be issued, and entered his order refusing such license; that in due and proper time an appeal from this order and judgment was properly perfected where the matter was again heard by the District Judge who thereupon entered his order and judgment affirming the order of the County Judge in refusing to issue such license.
Before entering the judgment last above referred to, the District Judge made the following findings of fact which were included in his Journal Entry of Judgment: 'That the applicant, Mrs. Leo Allison, for a retailer's Non-Intoxicating beverage permit, authorizing her to sell such beverage at retail at her place of business located at 1020 South Mekusukey in the City of Wewoka, Oklahoma, the appellant herein, is a person of good moral character; finds that she has never been convicted of violating any laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors, or any of the gambling laws of the State of Oklahoma, or any other State of the United States, or any of the laws commonly called ...
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