Legal Opinion

Bellevue Water Co. v. Stockslager

Idaho Supreme Court

Decided December 31, 1895PublishedCited by 14 opinions

Original proceeding for writ of prohibition, The wrrit of prohibition in this state is, we contend, not the writ as once understood at common law. Our statute defines it (sees. 4994, 4995). But it matters little whether it is a common-law writ or not, as the writ, where common-law princieiples pertain, will prohibit acts administrative and quasi judicial as well as those purely judicial. (19 Am. & Eng.

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Original proceeding for writ of prohibition, The wrrit of prohibition in this state is, we contend, not the writ as once understood at common law. Our statute defines it (sees. 4994, 4995). But it matters little whether it is a common-law writ or not, as the writ, where common-law princieiples pertain, will prohibit acts administrative and quasi judicial as well as those purely judicial. (19 Am. & Eng. Ency. of Law, 270, 271, 275, and notes.) What’ greater excess of jurisdiction can be exercised than holding court in a place not authorized by law. The jurisdiction of the district court is…

1Opinion of the CourtMobgan, C. J.

(After Stating the .Pacts.) — By the provisions of our statute “the writ of prohibition is made the counterpart of the writ of mandate, .... and arrests the proceedings of any tribunal, .... when such proceedings are without or in excess of the jurisdiction of such tribunal.” (Bev. Stats., sec. 4994.) “It may be issued by any court except a probate or justice's court, to an inferior tribunal, .... in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law, .... upon the affidavit of the person bene*640fieially interested.” (Bev. Stats., sec. 4995.) It will…

2Cases cited2 opinions

  1. More v. Superior CourtCalifornia Supreme Court · 1883
  2. San Jose Savings Bank v. Sierra Lumber Co.California Supreme Court · 1883

3Cited by14 opinions

  1. Cohn v. KingsleyIdaho Supreme Court · 1897
  2. Olden v. PaxtonIdaho Supreme Court · 1915
  3. Nelson v. MarshallIdaho Supreme Court · 1972
  4. People ex rel. Attorney General v. Alturas CountyIdaho Supreme Court · 1899
  5. Clark v. Ada County Board of CommissionersIdaho Supreme Court · 1977

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