Elk Stave Lumber Co. v. Lewis
Elk Stave Lumber Co. v. Lewis
Opinion of the Court
Opinion op the Court by
— Dismissing. '
The plaintiff, Elk Stave Lumber Company, seeks a writ of prohibition against William Lewis, judge of the Clay circuit court, to prohibit him from proceeding to try an action of the Elk Stave Lumber Company against P. D. Marcum, -et ah, on the 12th day of October, 1921. The ground upon which the writ of prohibition is sought is that the action does not stand for trial at the term of the court which includes -the 12th day of October, but the defendant, as judge of the circuit court, it is alleged, erroneously decided that it did stand for trial at that term, and over the objection of the plaintiff, ordered it to be set down for trial for the date stated, and if not prevented by writ of prohibition, will proceed to a trial of it upon that date. It is alleged that the defendant was in error in construing the provisions of the Civil Code relating to the time that actions stand for trial, and will make such error again on the day set for trial, unless prevented by the process of this court. There is no pretense that the court, in which the action is pending, has not jurisdiction of the subject matter of the action and of the parties, both plaintiff and defendant. This court has continuously held that it will not interfere, by a writ of prohibition, with the judge of an inferior jurisdiction, if he is proceeding within his jurisdiction and there is an adequate remedy by appeal from any erroneous decision he may make. Fitzpatrick v. Young, 160 Ky. 5; Rush v. Denhardt, 138 Ky. 238; Hargis v. Barker, 27 R. 441; Morgan v. Clements, 153 Ky. 33; Carey v. Sampson, 150 Ky. 460; Jenkins v. Berry, 119 Ky. 350; Hindman v. Toney, 97 Ky. 413.
The plaintiff has a right of appeal from a final judgment in the action which he is waging against P. D. Mar
The petition is therefore dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.