United States of Mexico v. Schmuck

Without attempting to distinguish the cases heretofore considered in this State and having in mind the primary rule that prohibition will not ordinarily issue where the court has jurisdiction and its decision may be reviewed on appeal, we are impelled to grant the relief now sought because of the disposition of the United States Supreme Court in Ex parte Peru (318 U. S. 578). The court pointed out that, where the claim of immunity is allowed by the Department of State and that Department causes its action to be certified to the court through appropriate channels, the certification and request…