United States v. Hoffman
Supreme Court of the United States
On a motion for prohibition. At the last term of this court the relator made application for a writ of prohibition to the judge of the District Court of the Horthern District of California, to prevent that court from proceeding further in a certain cause in admiralty.
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On a motion for prohibition. At the last term of this court the relator made application for a writ of prohibition to the judge of the District Court of the Horthern District of California, to prevent that court from proceeding further in a certain cause in admiralty. This court, without looking into the question of the alleged want of jurisdiction, granted a rule on the judge of that court to show cause why the writ should not be issued; and an order accompanied the rule, that he should proceed no further in the case until the decision of this court in the premises. The return of the judge…
1Opinion of the CourtJustice Miller
The writ of prohibition, as its name imports, is one which commands the person to whom it is directed not to do something which, by the suggestion of the relator, the court is informed he is about to do. If the thing be already done, it is manifest the writ of prohibition cannot undo it, for that would require an affirmative act; and the only effect of a writ of prohibition is to suspend all action, and to prevent any further proceeding in the prohibited direction. In the case before us the writ, from its very nature, could do no more than forbid the judge of the District Court from…
2Cited by21 opinions
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- In Re Commonwealth of Virginia Department of CorrectionsSupreme Court of Virginia · 1981
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- Marsh v. Goldthorpe, MayorOhio Supreme Court · 1930
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