Legal Opinion
Leonard v. Bartels
Supreme Court of Colorado
Decided April 15, 1878PublishedCited by 16 opinions
Petition for writ of prohibition. The case is sufficiently stated in the opinion.
1Opinion of the CourtElbert, J.
The writ of prohibition is defined as an extraordinary judicial writ, issuing out of a court- of superior jurisdiction, and directed to an inferior court, for the purpose of preventing the inferior tribunal from usurping a jurisdiction with which it is not legally vested. High’s Extraordinary Leg. Rem., § 762.
It is not granted ex débito justifies, but rests in the sound discretion of the court.
It is a prerogative writ, used with great caution, where the ordinary remedies provided by the law are not applicable or adequate. It is never allowed to usurp the office of a writ of error or an…
2Cited by16 opinions
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- Leonhart v. District CourtSupreme Court of Colorado · 1958
- State ex rel. Ashby v. HaddockDistrict Court of Appeal of Florida · 1962
- Solliday v. District CourtSupreme Court of Colorado · 1957
- People ex rel. Lindsley v. District Court of Fremont CountySupreme Court of Colorado · 1903
11 more not listed; retrieve them via the Exa API.