Chester v. Colby
California Supreme Court
Application to the Supreme Court for writ of prohibition. The petitioner Julius Chester was the proprietor and editor of a weekly newspaper published at Bakersfield, Kern County, called the “ Southern Californian and Kern County Weekly Courier,” and on the 22nd day of November, 1877, published an editorial in the paper reflecting on the County Judge for his action-in a case of contempt then pending before him, in which .George V. Smith, an attorney at law, was the party…
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Application to the Supreme Court for writ of prohibition. The petitioner Julius Chester was the proprietor and editor of a weekly newspaper published at Bakersfield, Kern County, called the “ Southern Californian and Kern County Weekly Courier,” and on the 22nd day of November, 1877, published an editorial in the paper reflecting on the County Judge for his action-in a case of contempt then pending before him, in which .George V. Smith, an attorney at law, was the party charged with committing the contempt. For the publication of this article Chester was arrested on a warrant issued by the…
1Opinion of the Court
By the Court :
It is alleged in the answer that the respondent demurred to the complaint and affidavit on which the warrant was issued for an alleged contempt, on the ground that the Probate Court has no jurisdiction to proceed in the same matter of contempt, and that the demurrer is still pending and undetermined; the pendency of the demurrer was admitted at the argument before us.
The writ of prohibition, under our statute, as at the common law, is a prerogative writ, and will not be issued if the question of the jurisdiction of the inferior Court has been submitted to that Court by any…
2Cases cited2 opinions
- Ex parte WilliamsSupreme Court of Arkansas · 1842
- Ex parte City of Little RockSupreme Court of Arkansas · 1870
3Cited by8 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- American Society of Composers, Authors & Publishers v. Superior CourtCalifornia Court of Appeal · 1962
- Board of Com'rs v. District Court of Fourth Judicial Dist.New Mexico Supreme Court · 1924
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- Noland v. Superior CourtCalifornia Court of Appeal · 1938
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