Bellevue Water Co. v. Stockslager

Citations

• 4 Idaho 636
• 43 P. 568
• 1895 Ida. LEXIS 76

Syllabus

<p>Prohibition — When Wbit will Issue. — The writ of prohibition is. the counterpart of the writ of mandate and subject to the same conditions. It will not issue where there is a plain, speedy, and adequate remedy at law.</p> <p>Writ will not Issue Where Issue is Only Collateral. — The constitutionality of an act of the legislature will not be passed upon in an application for writ of prohibition in a case where it is. not directly in issue and is only collateral to the questions in issue as shown by the petition.</p> <p>(Syllabus by the court.)</p>