Alexander v. Crollott, 199 U.S. 580 (1905)

Alexander v. Crollott

No. 118

Submitted November 27, 1905
Decided December 18, 1905
199 U.S. 580

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

Although a writ of prohibition will lie to an inferior court acting manifestly beyond its jurisdiction, the writ will issue only where there is no other remedy, and even though the judgment may be void, as that fact does not prevent its reversal on appeal, mandamus cannot be resorted to where the statute gives an appeal. The requirement of giving a bond on appeal is an ordinary incident of litigation, and does not obviate the necessity of the appeal and justify the issuing of a writ of mandamus.

This is an appeal from a judgment of the supreme court quashing a writ of prohibition issued by that court to the defendant Crollott, a justice of the peace of the County of Bernalillo, which commanded him to desist and refrain from any further proceedings in five several actions of forcible entry and detainer, instituted by one Cleland before said justice and against Alexander and four other parties.

An appeal was taken from the order quashing the writ to this Court.