Cunningham v. Rachaels
Supreme Court of Georgia
Prohibition. Before Judge Mathews. Bibb superior court. September 6, 1916. Certain police officers were cited to appear before the recorder’s court of the City of Macon, to show cause why they should not be punished for contempt of court. Before "the hearing the respondents presented a 'petition to the judge of the superior court for writ of prohibition to arrest the proceeding before the recorder. The petition was sanctioned and a rule issued.
Read the full summary
Prohibition. Before Judge Mathews. Bibb superior court. September 6, 1916. Certain police officers were cited to appear before the recorder’s court of the City of Macon, to show cause why they should not be punished for contempt of court. Before "the hearing the respondents presented a 'petition to the judge of the superior court for writ of prohibition to arrest the proceeding before the recorder. The petition was sanctioned and a rule issued. Before the return day the recorder presented to the judge a motion to revoke the order sanctioning the petition, on the ground that the facts alleged…
1Opinion of the CourtAtkinson, J.
The charge of contempt was based on the publication of an article by the police officers in one of the newspapers in the city, criticising the recorder on account of decisions which he had rendered in cases brought before him, involving certain crimes said to be prevalent, which the officers were seeking to suppress. In determining whether the writ of prohibition should have issued, it is unnecessary to consider the merits of the contempt *683case before the recorder. The writ of prohibition is employed “to arrest illegal proceedings by any court officer,” where no other relief is given. Civil…
2Cases cited4 opinions
- Plunkett v. HamiltonSupreme Court of Georgia · 1911
- Turner v. Mayor of ForsythSupreme Court of Georgia · 1887
- Hudson v. PrestonSupreme Court of Georgia · 1910
- Faircloth v. Mayor of MaconSupreme Court of Georgia · 1905
3Cited by3 opinions
- City of Macon v. AndersonSupreme Court of Georgia · 1923
- City of MacOn v. MasseySupreme Court of Georgia · 1958
- Magbee v. City of AtlantaSupreme Court of Georgia · 1935