Legal Opinion · Dissent

State Bar v. Ingham Circuit Judge

Michigan Supreme Court

Decided April 7, 1944No. Calendar No. 42,447Published

1DissentChandler, J.

I am not in accord with Mr. Justice Sharpe’s conclusion that the writ of prohibition should issue. He holds that the lack of jurisdiction in the court below clearly appeared from the bill of complaint. Such question of jurisdiction could have and should have been raised in the court below.

From the beginning of our decisions it has been held that the writ of prohibition should not be used to restrain any action of inferior courts which can be reviewed by any of the ordinary methods. People, ex rel. Campau, v. Wayne Circuit Court, 11 Mich. 393 (83 Am. Dec. 754).

In Hudson v. Judge of Superior…

2Cases cited13 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. Nichols v. Judge of Superior CourtMichigan Supreme Court · 1902
  3. People ex rel. Campau v. Circuit CourtMichigan Supreme Court · 1863
  4. Warnshuis v. State Board of Registration in MedicineMichigan Supreme Court · 1938
  5. Ex parte HamiltonSupreme Court of Alabama · 1874

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