State Ex Rel. Hughes v. Cramer

The question raised by the general demurrer to the petition is whether, under the facts alleged, a writ of prohibition may properly issue to prevent the enforcement of the three judgments challenged by the relatrix.

A writ of prohibition will not issue to prohibit the enforcement of a valid judgment even though the process employed for the satisfaction of the judgment indebtedness is not warranted in law or by the judgment itself. Ordinarily the appropriate remedy against an order of sale or execution improperly issued is a motion to recall or set aside such process. Miller v. Longacre, 26…