State ex rel. King v. Hall
Nebraska Supreme Court
Original application for a writ of prohibition forbidding the respondent from entertaining, any proceeding or making any order in a certain cause pending in the district court for Lancaster county. Prohibition is a remedy provided by the common law against encroachment of jurisdiction and is regarded as generally applicable unless abrogated by positive and express statutory enactment.
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Original application for a writ of prohibition forbidding the respondent from entertaining, any proceeding or making any order in a certain cause pending in the district court for Lancaster county. Prohibition is a remedy provided by the common law against encroachment of jurisdiction and is regarded as generally applicable unless abrogated by positive and express statutory enactment. (Arnold v. Shields, 5 Dana [Ky.], 18; Mayo v. James, 12 Gratt. [Va.], 18; Thomson v. Tracy, 60 N. Y., 31; State «.■ Judge, 38 La. .Anm, 247; Hutton v. Fowke, 1 Keb. [Eng.], 648; North Bloom-field Gravel Mining…
1Opinion of the CourtPost, C. J.
A rule was, upon the sworn information of the velators, allowed against the respondent, one of the judges of the district court for Lancaster county, to show cause why a writ of prohibition should not issue from this court restraining him,' the said respondent, from making certain orders in the case of William G. Morrison v. Lincoln Savings Bank & Safer Deposit Company, pending *581in said district court. The ground of the application, briefly stated, is that the defendant is one of the subscribers for the original stock of said bank, which is now insolvent; that of the amount so subscribed there…
2Cases cited4 opinions
- California v. Southern Pacific Co.Supreme Court of the United States · 1895
- Sevinskey v. WagusCourt of Appeals of Maryland · 1892
- Miller v. WheelerNebraska Supreme Court · 1892
- Campbell v. CampbelIllinois Supreme Court · 1859
3Cited by12 opinions
- State v. PalmerNebraska Supreme Court · 1986
- State v. MooreNebraska Supreme Court · 1982
- State ex rel. Wright v. BarneyNebraska Supreme Court · 1937
- Ex parte CoxSupreme Court of Florida · 1902
- Whipple v. StevensonSupreme Court of Colorado · 1898
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