Porter v. Gardner
Court of Appeals for the D.C. Circuit
Appeal from the Rent Commission of the District of Columbia. Proceeding before the Rent Commission by Annie Gardner, owner, against Chester A. Porter, tenant. From a decision in favor of the owner, the tenant appeals. On petition for writ of prohibition.
1DissentSmyth, Chief Justice
Assuming, without expressing any opinion upon the subject, that the decision of the Rent Commission was properly superseded, I think there is no warrant for the issuance of the writ of prohibition.
It has been repeatedly decided by the Supreme Court of the United States that, where a “court, whose action is sought to be prohibited, has clearly no jurisdiction of the cause originally, a party who has objected to the jurisdiction at the outset, and has no other remedy, is entitled to a writ of prohibition as a matter of right; but where there is another legal remedy, by appeal or otherwise, * *…
2Cases cited10 opinions
- Ex Parte HardingSupreme Court of the United States · 1911
- Shreveport v. ColeSupreme Court of the United States · 1889
- Ex Parte TiffanySupreme Court of the United States · 1920
- In Re New York & Porto Rico Steamship Co.Supreme Court of the United States · 1895
- Ex parte OklahomaSupreme Court of the United States · 1911
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