Legal Opinion

Shirley v. Gardner

Supreme Court of Georgia

Decided April 18, 1925No. 4748PublishedCited by 7 opinions

1Opinion of the CourtHines, J.

1. The office of the writ of prohibition is to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, so that each tribunal shall confine itself to the exercise of those powers with which, under the constitution and laws of the State, it has been entrusted. This writ lies “to arrest illegal proceedings by any court officer, where no other legal remedy or relief is given.” Civil Code (1910), § 5458; Doughty v. Walker, 54 Ga. 595; Seymour v. Almond, 75 Ga. 112; 32 Cyc. 598. The language of section 5450 of the Civil Code, that this writ will “lie to all…

2Cases cited6 opinions

  1. Cutts v. ScandrettSupreme Court of Georgia · 1899
  2. Harris v. SheffieldSupreme Court of Georgia · 1907
  3. Tupper v. DartSupreme Court of Georgia · 1898
  4. Carter v. JanesSupreme Court of Georgia · 1895
  5. Doughty, Pearson & Co. v. WalkerSupreme Court of Georgia · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Riner v. FlandersSupreme Court of Georgia · 1931
  2. Spence v. MillerSupreme Court of Georgia · 1932
  3. Chapman v. DobbsSupreme Court of Georgia · 1932
  4. Griffin v. TrappSupreme Court of Georgia · 1949
  5. West v. LewisSupreme Court of Georgia · 1939

2 more not listed; retrieve them via the Exa API.

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