State Ex Rel. McMinn v. Gentry

DISSENTING OPINION

Draper, C. J.

I agree that the relator is not entitled to a change of venue from the county in the contempt *623proceeding and that he is entitled to one in the main action.

So far as prohibition is concerned, it is a preventive writ which commands the person or tribunal to whom it is directed, to refrain from doing something which the court is informed he is about to do. 42 Am. Jur., Prohibition, § 2, p. 139. In this case the respondent is not threatening to do anything further either within or without his jurisdiction, unless by his refusal to grant the change of venue from the…