People v. Circuit Court
Illinois Supreme Court
Original petition for writ of prohibition, and also an appeal from an order of the Appellate Court for the First District dismissing a petition for a like writ.
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Original petition for writ of prohibition, and also an appeal from an order of the Appellate Court for the First District dismissing a petition for a like writ. This is an original petition for a rule against respondents to show cause why a writ of prohibition should not issue, as prayed for in the petition filed herewith in this court, against the circuit court of Cook county, and it is also an appeal from an order of the Appellate Court for the First District of Illinois denying a petition of relator for such a rule and dismissing said petition. By stipulation annexed to the Appellate Court…
1Opinion of the CourtJustice Magruder
First—The first question arises upon the original petition filed in this court, asking for a rule upon the respondents to show cause why a writ of prohibition should not issue against them.
A writ of prohibition is an extraordinary writ, issued by a superior court to an inferior court to prevent the latter from exceeding its jurisdiction. It may be invoked to prohibit the inferior tribunal from assuming jurisdiction in a matter over which it has no control, and also from going beyond its legitimate powers in a matter of which it has jurisdiction. It is a remedy provided by the common law…
2Cases cited17 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Harding v. HardingIllinois Supreme Court · 1892
- Blake v. BlakeIllinois Supreme Court · 1875
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3Cited by29 opinions
- Don Morrow v. District of Columbia, in the Matter of Harry T. Alexander, Judge, District of Columbia Court of General SessionsCourt of Appeals for the D.C. Circuit · 1969
- Bowman v. Illinois Central RailroadIllinois Supreme Court · 1957
- People ex rel. Stead v. Superior CourtIllinois Supreme Court · 1908
- City of Aurora v. SchoeberleinIllinois Supreme Court · 1907
- State ex rel. Harvey v. MedlerNew Mexico Supreme Court · 1914
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