Planters' Insurance v. Cramer

Citations

• 47 Miss. 200

Syllabus

<p>1. Writ of prohibition. — Prohibition is a common law writ, issuable in England out of the superior courts of Westminster Hall, directed to the judge of any inferior court and parties to any suit there pending, commanding them to cease prosecution thereof, upon suggestion that the cause or some collateral matter therein does not originally belong to that jurisdiction, but to some other. Grant v. Gould, 2 H. Black. 100.</p> <p>2. Same in U. S. — As a part of the common law system this writ has been accepted in practice in the United States, and employed in practice whenever it is suited to the local judicial system, being in many of the states regulated by statute. N. Y.2R.S. 587, § 61 ; ex parte Smith, 23 Ala. 106. Miller v. Marshall, 1 Ya. Cas. 158, and other authorities cited.</p> <p>3. General principle. — The writ ought not to be granted in any case where the law has provided other effectual remedies to prevent the mischief, as by certiorari, appeal or writ of error.</p> <p>4. Office of writ of error. — It is well settled in this court that, except only in special cases provided by statute, writs of error lie to bring up for review only the final judgments and decrees of inferior courts. Consequently, erroneous judgments made in the progress of causes, in the circuit court, must remain in abeyance, and can only be brought here for correction after final decision of the whole cause.</p> <p>5. Supreme court of Mississippi — jurisdiction.—The words of the constitution, (sec. 4, art. VT,) and of the statute, (code of 1871, §409,) include in the jurisdiction of this court only such power as is revisory, and exclude all original jurisdiction ; and that the mode heretofore used for bringing causes into the court of last resort is continued under the existing laws.</p> <p>6. Circuit courts — jurisdiction.—Under our judical system, the circuit courts are courts of original common law cognizance, nearly analgous to the courts of Westminster, and may in proper cases gra