State Ex Rel. Zimmerman v. Gibbes

While being in thorough accord with the holding in this opinion to the effect that the Act in question is not violative of the Constitution of the State, I do not think prohibition properly lies, and with the conclusion announced in the opinion as to that I am not in agreement. The Court of Common Pleas had proper jurisdiction of this cause, and, when a Court, inferior to this, is acting within its jurisdiction, a writ of prohibition should not be granted by this Court; and that is the rule announced by previous decisions of this Court. *Page 221