State ex rel. Parks v. Ryan

Citations

• 24 N.M. 176
• 173 P. 858

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The writ of prohibition is not a writ of right, granted ex debito justitise, but rather one of the sound judicial discretion, to be granted or withheld according to the circumstances of each particular case, to be used with great caution for the furtherance of justice when none of the ordinary remedies provided by law are applicable. . P. 178</p> <p>2. An alternative writ of prohibition against a district judge and a sheriff requiring them to refrain from proceeding to take relators from the county jail to the state penitentiary, pending their appeal to the Supreme Court, on the ground that the county jail was not a safe place of detention, would not lie; the relators having an adequate remedy hy application for habeas corpus. P. 179</p> <p>3. Prohibition is a preventive rather than a curative remedy, *and issues only to prevent a commission of a future act, and not to undo an act already performed. P. 179</p> <p>4. Prohibition will not lie unless the exercise of the power sought to be restrained will result in injury for which no other adequate remedy exists. P. 179</p>