Almand v. Brock

Nichols, Justice.

1. Code §64-301 provides: "The writ of prohibition may be granted in vacation. It is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, where no other legal remedy or relief is given; and the granting or refusal thereof is governed by the same principles of right, necessity and justice. The return must be in term.”

In Byrd v. McLucas, 194 Ga. 40, 42 (20 SE2d 597), Mr. Justice Jenkins, speaking for the court said: "The judge properly dismissed upon general demurrer the petition for a writ of…