Legal Opinion · Concurrence

Blanton v. State Ex Rel. Biscayne Beach Theatre, Inc.

Supreme Court of Florida

Decided July 26, 1932Published

1ConcurrenceDavis, J.

(Concurring).—The writ of prohibition is an original writ and upon the issuance of that writ the superior court has power to determine by inspection of the record of the inferior tribunal, or otherwise, that a substantial controversy is involved which the inferior court is without jurisdiction to decide.

The writ of prohibition has been defined as a writ directed to the judge and parties in any inferior court, commanding them to cease from the prosecution thereof, upon suggestion that either the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction,…

2Cases cited5 opinions

  1. State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
  2. Curtis v. Albritton as Cir. JudgeSupreme Court of Florida · 1931
  3. Curtis v. AlbrittonSupreme Court of Florida · 1931
  4. Bullard v. ThorpeSupreme Court of Vermont · 1894
  5. State Ex Rel. Meredith v. Board of Trustees of the Salvation ArmySupreme Court of Florida · 1931

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