Nichols v. Judge of Superior Court
Michigan Supreme Court
Petition by George E. Nichols against Richard L. Newnham, judge of the superior court of Grand Rapids, for a writ of prohibition to restrain certain contempt proceedings. October 28, 1901, the prosecuting officers of Kent county filed ’in the superior court of Grand Rapids affidavits charging relator with contempt of court.
Read the full summary
Petition by George E. Nichols against Richard L. Newnham, judge of the superior court of Grand Rapids, for a writ of prohibition to restrain certain contempt proceedings. October 28, 1901, the prosecuting officers of Kent county filed ’in the superior court of Grand Rapids affidavits charging relator with contempt of court. The affidavits changed that the relator committed the offense of subornation of perjury in a criminal case, viz., People against Lant K. Salsbury, -which was then on trial in the superior court; the relator being one of the attorneys for the prisoner. The relator made a…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The writ of prohibition is the appropriate remedy only where the court is acting entirely without jurisdiction or in clear excess of its jurisdiction. It is not applicable where the party has a complete and adequate remedy in some. other and more ordinary form. It will not lie to determine whether the petition for contempt is defective, any more than mandamus or certiorari will lie to determine whether a declaration, information, or indictment is defective. In such cases the circuit courts have full jurisdiction to pass upon the validity of the pleadings, and the…
2Cases cited16 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Ex Parte KearneySupreme Court of the United States · 1822
- Smith v. WhitneySupreme Court of the United States · 1886
- Brown v. BuckMichigan Supreme Court · 1889
- Carter v. CommonwealthSupreme Court of Virginia · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- in Re Bradley EstateMichigan Supreme Court · 2013
- In Re HuffMichigan Supreme Court · 1958
- In Re Contempt of DoughertyMichigan Supreme Court · 1987
- Attorney General ex rel. Dingeman v. LacyMichigan Supreme Court · 1914
- Township of Dearborn v. Dearborn Township ClerkMichigan Supreme Court · 1952
34 more not listed; retrieve them via the Exa API.