Rust v. Stewart

Citations

• 7 Idaho 558
• 64 P. 222
• 1901 Ida. LEXIS 9

Syllabus

<p>Prohibition — Does not Lib When a Plain, Speedy and Adequate Remedy Exists — Will not Issue to Restrain a District Court Except in Exceptional Cases. — The writ of prohibition is an ' extraordinary remedy which issues, not as a matter of right, hut in the sound discretion of the court. Prohibition may issue to restrain an inferior tribunal from exceeding its jurisdiction, but does not lie when a plain, speedy, and adequate remedy, in the ordinary course of law exists. The peremptory writ of prohibition will not issue to restrain a district court from proceeding in a certain manner in a proceeding before it, where it is apparent that the action of such district court can be reviewed speedily' in one of the modes prescribed by law.</p> <p>(Syllabus by the court.)</p>