Buie v. Buie

(After stating the foregoing facts.)

The main question to be decided is whether a writ of prohibition will lie in a case like the present. The general rule is that prohibition will not lie 'if any other adequate remedy is available. The Civil Code (1910), § 5458, provides: “The writ of prohibition may be granted in vacation. It is the counterpart of mandamus, to arrest illegal proceedings by any court officer where no other legal *31remedy or relief is given; and the granting or refusal thereof is governed by the same principles of right, necessity, and justice. The return must be in term, and…