Ex parte Oldham

David Oldham, a citizen and taxpayer of Shelby county, petitions for a writ of prohibition against the judges of the courts of common pleas to restrain them from acting as a conservancy court upon the ground that the conservancy act is unconstitutional and void.

The preliminary question is whether this court as a matter of right can, or as a matter of discretion should, entertain the writ in advance of action upon *458the jurisdictional question by the tribunal whose jurisdiction is questioned.

The writ of prohibition is a remedy- revived or brought into the jurisprudence of our state by…