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· 8/18/1921

State ex rel. Skaggs v. Smith

Citations

  • 116 Wash. 572
  • 200 P. 92
  • 1921 Wash. LEXIS 968

Syllabus

<p>Prohibition (33)—Jurisdiction and Proceedings—Objections in Lower Court. The writ of prohibition may properly issue from a' supervisory to an inferior court, without a previous application to the inferior court for relief, where something is done by the inferior court from which the inference may fairly be drawn that, unless prohibited, such court will act beyond and in excess of its jurisdiction; or where the question involved relates to public affairs and interests, and a prolonged trial may prove detrimental to such affairs and interests.</p> <p>Same (20, 22)—Grounds—Excess of Jurisdiction—Contempt Proceedings. A citation of an administrative officer for contempt, for failing to deliver a prisoner to an institution that was closed, is subject to a writ of prohibition as in excess of the jurisdiction of the court and interfering with the duties of the officer, where, in habeas corpus proceedings for the discharge of a woman detained in custody under sentence to confinement in the Women’s Industrial Home, to which she had been refused admission on the ground that it was closed, it appears that the administrative officer, charged with the control of the institution, was not a party to the record, nor responsible for its closing, and without power to cause it to be reopened.</p>

Judges: Fullerton

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