State ex rel. Gibbes v. Kirkland

Citations

• 41 S.C. 29
• 19 S.E. 215
• 1894 S.C. LEXIS 84

Syllabus

<p>1. Appeal. — A question not raised nor passed upon in the court below not considered on appeal.</p> <p>%. Prohibition- — Restraining Order. — An order dismissing an application for a writ of prohibition properly vacated a temporary restraining order embodied in the rule to show cause.</p> <p>3. Speculative Question. — A question arising under an act of the legislature considered, though rendered speculative under an act passed after this question was made and considered in the court below, no objection being raised by counsel.</p> <p>4. Prohibition. — While the'writ of prohibition may lie to a county board of control under the dispensary law, to keep it within the limits of its jurisdiction, errors of law or fact committed by such board, in determining matters clearly within its jurisdiction, cannot be corrected by writ of prohibition.</p>