United States ex rel. Morris v. Scott
Court of Appeals for the D.C. Circuit
Hearing on a petition by John-W. Morris to this court for tbe writ of prohibition to the Police Court of the District of Columbia, commanding it to cease the prosecution of the petitioner for the alleged violation of a municipal regulation.
1Opinion of the CourtJustice Shepard
The police court has undoubted jurisdiction in this as in all cases of prosecution for the violation of the municipal regulations.
“A writ of prohibition is never to be issued unless it clearly appears that the inferior court is about to exceed its jurisdiction. It cannot be made to serve the purpose of a writ of error or certiorari to correct mistakes of that court in deciding any question of law and fact within its jurisdiction.” Smith v. Whitney, 116 U. S. 167, 176, 29 L. ed. 601, 604, 6 Sup. Ct. Rep. 570.
Whether the invalidity of a regulation about to be enforced in that court presents…
2Cases cited1 opinion
- Smith v. WhitneySupreme Court of the United States · 1886
3Cited by3 opinions
- Tipp v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1939
- Noble v. EicherCourt of Appeals for the D.C. Circuit · 1944
- Tipp v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1939