Arkansas Supreme Court; Thomas J. Lacy

Summary

Arkansas Supreme Court; Thomas J. Lacy Ex parte Blackburn (1843)

These principles being established, it is equally clear, upon authority and reason, that the writ will never lie to a court having cognizance of the cause, or jurisdiction of the subject matter, on a suggestion of erroneous proceeding. The rule at common law is, that no prohibition lay to an inferior court, for matters arising out of their jurisdiction, until that matter had been pleaded, and the plea refused. In the present case, the county court unquestionably possesses jurisdiction over the subject matter, and therefore the writ will not lie, and this application must be denied.
Source: Wikisource

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