Robinson v. City Court of Ogden, Weber County

WOLFE, Justice.

I concur in the view of the prevailing opinion that the city court never acquired jurisdiction because the statutory procedure requisite to vest the court with jurisdiction was never followed. However, mere want of jurisdiction is not alone sufficient to entitle a petitioner to a writ of prohibition. It has been generally held in this court, and in many other jurisdictions as well, that prohibition will be denied if the petitioner has a plain, speedy and adequate remedy at law. Ducheneau v. Ireland, 5 Utah 108, 13 P. 87; Campbell v. Durand, 39 Utah 118, 115 P. 986; Union…