Chester v. Colby
Cases that cite this one
7 later published cases cite this decision.
- Abelleira v. District Court of Appeal (Cal. 1941)
- American Society of Composers, Authors & Publishers v. Superior Court (Cal. Ct. App. 1962)
- Noland v. Superior Court (Cal. Ct. App. 1938)
- Phillips v. Superior Court (Cal. Ct. App. 1930)
- Board of Com'rs v. District Court of Fourth Judicial Dist. (N.M. 1924)
- Ex parte Oldham (Ohio Ct. App. 1914)
- State ex rel. Fenn v. McQuillin (Mo. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is alleged in the answer that the respondent demurred to the complaint and affidavit on which the warrant was issued for an alleged contempt, on the ground that the Probate Court has no jurisdiction to proceed in the same matter of contempt, and that the demurrer is still pending and undetermined; the pendency of the demurrer was admitted at the argument before us.
The writ of prohibition, under our statute, as at the common law, is a prerogative writ, and will not be issued if the question of the jurisdiction of the inferior Court has been submitted to that Court by any appropriate pleading or objection, while that question remained undetermined by that Court. (High’s Ex. Rem. p. 588, sec. 773; Cox v. St. Albans, 1 Mod. 81; Williams, Ex parte, 4 Ark. 537 ; City of Little Rock, Ex parte, 26 Ark. 52; Meechen, Ex parte, 12 Ark. 70; Bouton v. Hursler, 1 Barn. 71; Edmundson v. Walker, Carth, 106.) Writ denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.