644 So. 2d 958 - Ex Parte Shoemaker’s Empirical Analysis
1993
Citation profile
8
cited by 8 later decisions
1
states following
March 2006
most recently cited
8 state decisions
Relationships
Relies on Ex Parte Burch · Ball v. Jones · Ash v. Cort · Ex Parte State Ex Rel. Bragg · Ex Parte Perry County Board of Education
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`"A writ of prohibition is an extraordinary writ which is to be employed with extreme caution and used only in cases of extreme necessity. Ex parte State Dep't of Mental Health Mental Retardation , 536 So.2d 78 (Ala.Civ.App. 1988); see also Ex parte Perry County Board of Education , 278 Ala. 646 , 180 So.2d 246 (1965). Prohibition is not a favored writ and will not issue unless there is no other adequate remedy. Ex parte Strickland , 401 So.2d 33 (Ala. 1981); Barber Pure Milk Co. of Montgomery, Inc. v. Alabama State Milk Control Board , 274 Ala. 563 , 150 So.2d 693 (1963); Ex parte Burch , 236 Ala. 662 , 184 So. 694 (1938). The petition for the writ `properly tests jurisdiction, and lies *Page 34 when a court acts in excess of its jurisdiction.' Ex parte City of Tuskegee , 447 So.2d 713 , 716 (Ala. 1984). The writ is preventive rather than corrective and is utilized to prevent the usurpation of excessive jurisdiction by a judicial tribunal. Ball v. Jones , 272 Ala. 305 , 132 So.2d 120 (1961); see also Mental Health, supra. Issuance of a writ of prohibition lies within the discretion of the court, and the writ is granted or withheld according to the nature and circumstances of the case, not as a matter of right. Barber, supra; Dear v. Peek , 261 Ala. 137 , 73 So.2d 358 (1954). `Prohibition is the proper remedy to intercept and put an end to usurpation of jurisdiction.' Ex parte State ex rel. Bragg , 240 Ala. 80 , 85 , 197 So. 32 , 36 (1940)."' " Ex parte Moody , 681 So.2d 276”
7 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.