Taylor v. Girard

The opinions filed in this case present a rather novel situation. Mr. Justice Morgan concludes that a writ of prohibition will not issue to prohibit the performance of a ministerial act, whether the act be one commanded by law, or one without authority of law; in which conclusion Honorable William A. Babcock, District Judge, concurs. On the other hand, Mr. Chief Justice Budge holds to the view that the plaintiff waived his right to prosecute this case, and, therefore, to have it heard upon its merits, by waiting until after the primary election. Mr. Justice Givens merely concurs in the…