Grigg v. Dalsheimer

Citations

• 88 Va. 508
• 13 S.E. 993
• 1891 Va. LEXIS 63

Syllabus

<p>1. Prohibition — Its functions. — This writ lies not to correct errors, but to restrain an inferior court from acting in a matter of which it has no jurisdiction, or from transcending the bounds of its jurisdiction.</p> <p>2. Practice at Law— Code, § 8886. — When, under said section, plaintiff in assumpsit filed with his declaration an affidavit to the justness of his account and the time from which it bears interest, and defendant filed plea of non-assumpsit without affidavit, and his plea is stricken out and his subsequent plea with affidavit is rejected and a final judgment given for plaintiff;</p> <p>Held :</p> <p>Such judgment is not void, as the court had jurisdiction of both subject-matter and parties, and a writ of prohibition will not lie to restrain its enforcement.</p> <p>3. Idem— Quxre. — Whether such judgment is erroneous or not.</p>