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Call Now: 904-383-7448The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases.
(Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 3209a; Civil Code 1895, §§ 4876, 4885; Civil Code 1910, §§ 5449, 5458; Code 1933, §§ 64-301, 64-302.)
- The language of this Code section is derived in part from the decision in Mayor of Brunswick v. Dure, 59 Ga. 803 (1877).
Prohibition can only operate to restrain pending action or proceeding. Martin v. Crawford, 199 Ga. 497, 34 S.E.2d 699 (1945).
Before the writ of prohibition should issue, there must be some pending action or proceeding upon which the writ could apply and prohibit some act of a judicial tribunal from exercising jurisdiction over matters not within its cognizance, or from exceeding its jurisdiction in matters in which it has cognizance. Martin v. Crawford, 199 Ga. 497, 34 S.E.2d 699 (1945).
Writ of prohibition will not lie after judgment sought to be restrained has been issued. Almand v. Brock, 227 Ga. 586, 182 S.E.2d 97 (1971).
- An application for the writ of prohibition may be sanctioned in vacation, but must be made returnable to the next term. Doughty, Pearson & Co. v. Walker, 54 Ga. 595 (1875) (decided prior to amendment of O.C.G.A. § 15-6-19.)
The writ of prohibition must be returned in term. Mayor of Savannah v. Grayson, 104 Ga. 105, 30 S.E. 693 (1898).
- Where a petition is predicated upon the issue of title to a public office, and the prayers are for the writ of prohibition, and that a defendant be prohibited and restrained from acting as such public official, the petition cannot be held to state a cause of action for injunctive relief, for the reason that injunction is not a primary remedy to determine the question of title to public office. Martin v. Crawford, 199 Ga. 497, 34 S.E.2d 699 (1945).
Cited in Harris v. Jones, 141 Ga. 563, 81 S.E. 881 (1914).
- 63C Am. Jur. 2d, Prohibition, §§ 41, 42, 57.
- 72A C.J.S., Prohibition, § 1 et seq.
- Availability of writ of prohibition or similar remedy against act of public prosecutor, 16 A.L.R.4th 112.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2023-02-07
Snippet: for the special election. See OCGA §§ 9-6-40,23 9-6-41,24 and 9-6-42.25 A writ of prohibition seeks