State ex rel. Rheinauer v. Malone

Citations

• 40 Fla. 129

Syllabus

<p>The writ of prohibition is not granted ex debito justiciae, but rests in the sound discretion of the court. Its proper function is to confine inferior courts, in the exercise of their powers, within the limits fixed by law, and is never allowed to usurp the office of a writ of error or an appeal- A distinction exists between the assumption of jurisdiction to which the court has no legal claim, and the mere erroneous exercise of a jurisdiction with which it is invested; in the former case prohibition is the proper remedy; but in the latter, the error can not only be corrected by appellate proceeding.</p>