Prohibition

In practice

The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally or some collateral matter arising therein, does not belong to that jurisdiction, but to the cognizance of some other court.

3 Bl. Comm. 112.

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.

Code Civ. Proc. Cal. § 1102. And see Mayo v. James, 12 Grat. (Va.) 23; People v. Judge of Superior Court (Mich.) 2 N. W. 919; State v. Ward, 70 Minn. 58, 72 N. W. 825; Johnston v. Hunter, 50 W. Va. 52, 40 S. E. 448; Appo v. Pcople, 20 N. Y. 531; Hovey v. Elliott, 167 U. S. 409, 17 Sup. Ct 841, 42 In Ed. 215; State v. Evans, 88 Wis. 255, 60 N. W. 433.