Alexander v. Crollott
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This is an appeal taken from a judgment rendered by the Supreme Court of the Territory of New Mexico quashing a writ of prohibition issued by >|hat court to the defendant Crollott, a Justice of the Peace of the County of Bernalillo, which commanded him to desist and refrain from any further proceedings in five several actions of forcible entry and detainer, instituted by one Cleland before said Justice and against…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This is an appeal taken from a judgment rendered by the Supreme Court of the Territory of New Mexico quashing a writ of prohibition issued by >|hat court to the defendant Crollott, a Justice of the Peace of the County of Bernalillo, which commanded him to desist and refrain from any further proceedings in five several actions of forcible entry and detainer, instituted by one Cleland before said Justice and against Alexander and four other parties. An appeal was taken from the ordes quashing the writ to this court.
1Opinion of the CourtJustice Brown
Although a writ of prohibition will lie to an inferior court, when it is acting-manifestly beyond its jurisdiction, such writ will issue only where there is no other remedy. Smith v. Whitney, 116 U. S. 167; In re Cooper, 143 U. S. 472, 495; In re Rice, 155 U. S. 396, 403; In re New York &c. Steamship Company, 155 U. S. 523, 531.
By his answer Alexander claimed to be the owner of the property, and alleged a want of jurisdiction on the part of the Justice to determine the question of ownership in a proceeding for forcible entry and detainer. The Justice decided against him. Under such…
2Cases cited11 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Smith v. WhitneySupreme Court of the United States · 1886
- Mexican National Railroad v. DavidsonSupreme Court of the United States · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re Application of LiVolsiSupreme Court of New Jersey · 1981
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- State ex rel. Swearingen v. Railroad CommissionersSupreme Court of Florida · 1920
- Commonwealth v. Mellon National Bank & Trust Co.Supreme Court of Pennsylvania · 1948
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