State Ex Rel. McGregor v. Peacock

This is a case of original jurisdiction in which the petitioner, an attorney at law, applied for a writ of prohibition to inhibit the County Judge of Volusia County, who is respondent, from further proceeding to hear and determine a contempt matter instituted with reference to petitioner.

Upon demurrer to the petition in prohibition, a majority of the Court] hold that the demurrer should be sustainecl and the rule nisi in prohibition should be quashed, on the ground that, under Section 4161 C. G. L., 2534 R. G. S., the County Judge has jurisdiction to determine in the first instance whether or…