State Ex Rel. Pearson v. Trammell

The facts of this controversy have been stated in the opinion of Mr. Justice Brown. We agree with his conclusion, but not with that feature of the opinion which holds the remedy by writ of prohibition improper in a case of this kind. Too many decisions of this Court, notably Speight v. Horne, 101 Fla. 101, 133 Sou. Rep. 274 (9th headnote) establish the rule to the contrary. Furthermore, as pointed out in the last cited case, writ of error would not be an adequate remedy, because it would require the defendants, in seeking a writ or error, to enter a general appearance in the cause, whereas…