State Ex Rel. Caley v. Tax Commission

"Wilkin, J.

The demurrer raises a question as to the availability of the remedy sought. Do the facts set forth in the petition justify the issuance of a writ of prohibition?

As has been stated in earlier opinions in this court, three conditions are necessary to warrant that high prerogative writ:

1. The court or officer against whom it is sought must be about to exercise judicial or gmsi-judicial power.

2. The exercise of such power must be unauthorized by law.

3. It must appear that the refusal of the writ would result in injury for which there is no other adequate remedy. State, ex rel. Nolan,…