People ex rel. Barnum v. District Court

In response to a rule to show cause why a writ of prohibition should not be issued, the respondents filed an instrument denominated a motion to quash and dismiss, and a demurrer, and a separate instrument, called an answer and return.

1. The petitioner moves to strike the answer and return upon the ground that, by filing the motion and demurrer, respondents waived their answer and return. Our power to issue original writs comes from the Constitution, not from a statute. No procedure has been prescribed by the Constitution. In' exercising this original jurisdiction we may conform, as nearly as…