United States ex rel. Holmead v. Barnard

Citations

• 29 App. D.C. 431
• 1907 U.S. App. LEXIS 5470

Syllabus

<p>Writ of Prohibition; Eminent Domain.</p> <p>1. The writ of prohibition cannot be made to serve the purpose of a writ of error or certiorari. It cannot issue unless it it clearly made to appear that the inferior court is about to exceed its jurisdiction (following United States ex rel. Morris v. Scott, 25 App. D. C. 88) : nor will it he issued, ordinarily, where the complaining party has another substantial remedy.</p> <p>2. A petition for the writ of prohibition to compel the lower court to re frain from confirming a verdict assessing damages and benefits in a, proceeding to open and extend a public highway, claiming that the proceedings were inconsistent with the decision of this court on a former appeal in the same matter, was denied on the grounds that it was not clearly shown that the court was exceeding its jurisdiction, and that the petitioner had a more beneficial remedy by way of appeal.</p>