People ex rel. Baldwin v. Goldfogle

The writ of prohibition is a state writ (Code Civ. Proc. § 1991), and, as stated in the note of the commissioner in Throop’s Code:

“It issues only to courts and judicial officers, acts only upon legal proceedings pending before those tribunals, almost invariably involves pure questions of law, and aims only to procure a stay of proceedings.”

As said by the commissioner:

“It was thought that this writ had survived its practical utility, and that all the practical benefits of the writ might be obtained by means of an injunction. * * * The Laws of 1873 (chapter 70) provided for the extension of the…