Legal Opinion

People ex rel. Gould v. Commissioners of Excise

New York Supreme Court

Decided August 15, 1881PublishedCited by 2 opinions

1Opinion of the CourtCullen, J.

A writ of prohibition is a preventive remedy, not a corrective one. It can only be used to prevent the doing of an act about to be done, not as a remedy for acts already completed (United States agt. Hoffman, 4 Wallace, 158; High *515on Remedies, 542). I do not think that section 2100 of the Code was intended to alter in this respect the common law rule. • The provisions there contained—that the tribunal proceeded against may be directed to annul or vacate proceedings theretofore taken in the matter—applies only to interlocutory or mesne proceedings prior to the final decision. I think the…

2Cited by2 opinions

  1. State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
  2. City of New York v. MaltbieNew York Supreme Court · 1936

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