State ex rel. David v. Judges of the Court of Appeals of the Fifth Circuit

The opinion of the Court was delivered by

Bermudez, C. J.

This is an application for a prohibition to arrest the execution of a judgment of the c'rcuit court. It is based on the ground of absence of jurisdictionraíionae materice. The prayer is also that .an order be made for the transmission to this Court of the proceedings below, that their validity may be ascertained.

It is urged by the relator that the matter at issue in the controversy is the legality of a tax, and that the determination of such a question appertains exclusively to this Court.

From the averments it appears that the suit…