Pennington v. Woolfolk
Court of Appeals of Kentucky
Case 3 — EQUITY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The writ of prohibition is an extraordinary judicial writ, issuing from a court of superior jurisdiction. (High on Ex. Rem., sec. 762; Fitzherbert’s Natura Brevium, 39.) 2. It is the remedy afforded by the common law against the encroachments of jurisdiction by inferior courts. (High on Ex.
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Case 3 — EQUITY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The writ of prohibition is an extraordinary judicial writ, issuing from a court of superior jurisdiction. (High on Ex. Rem., sec. 762; Fitzherbert’s Natura Brevium, 39.) 2. It is the remedy afforded by the common law against the encroachments of jurisdiction by inferior courts. (High on Ex. Rem., sec. 762; Thomas v. Meads, 36 Mo., 232; People v. Woods, 7 Wend., 486;, Civil Code, sec. 479; 5 Dana, 20; 20 N. Y., 531; Jacob’s Law Die., title “Prohibition;” 1 Term Rep., 552; 3 lb., 3; Brooke’s Cases, Vaughan, 157; 209 Langdell’s Case;…
1Opinion of the Court
■CHIEF JUSTICE. COFER.
delivered the opinion of the court.
Proceedings were instituted in the Jefferson county court by the appellee, who is county attorney of that county, under an act, entitled “ An act to amend article three of «chapter five of the General Statutes,” approved February 23, 1874, Acts 1873-4, 147).
By that act the General Assembly attempted to re-enact sections 3, 4, 5, 6, 7, 8, and 10, of article 1, sections 1 and 5, of article 2, and sections 2, 3, 4, 5, and 6, of article 3, of chapter 93, of the General Statutes, which had been previously repealed, and to impose upon the…
2Cases cited1 opinion
- McAlister's Ex'r v. CommonwealthCourt of Appeals of Kentucky · 1869
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