Legal Opinion
Downing v. Davis
District Court, S.D. Mississippi
Decided September 27, 1940No. 234PublishedCited by 2 opinions
1Opinion of the Court
MIZE, District Judge.
This is a petition filed by the plaintiff asking for a writ of prohibition against a *873Justice of the Peace and Constable in Mississippi, seeking to prohibit the Justice of the Peace from issuing search warrants and the Constable from serving them outside his own district. The defendants have interposed a motion to dismiss.
The motion of the defendants is well taken. The writ of prohibition cannot run from the federal district court to a state court. In re Nathaniel Gordon, 1 Black 503, 17 L. Ed. 134; Title 28, § 342, U.S.C.A.
The petition alleges that a Justice of the Peace…
2Cases cited11 opinions
- Mooney v. HolohanSupreme Court of the United States · 1935
- In Re CooperSupreme Court of the United States · 1892
- In Re New York & Porto Rico Steamship Co.Supreme Court of the United States · 1895
- Ex parte OklahomaSupreme Court of the United States · 1911
- Ex Parte GordonSupreme Court of the United States · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re MoffettMississippi Supreme Court · 1990
- Holmes v. Board of SupervisorsMississippi Supreme Court · 1946