Clark v. Superior Court of Lassen County

This is an application for a writ of prohibition. The grounds upon which the application is based are substantially the following :

Strictly speaking, it is not the office of the writ of prohibition to annul orders or judgments of courts; and it is sufficiently plain to our comprehension that the case presented is not one in which a writ of prohibition can properly issue. Whatever else may be doubted, there is no room for any doubt as to the fact that the action was one of which the Superior Court had jurisdiction, and could proceed to try and determine it precisely as it might have done if said action had been originally commenced in that Court. The case was transferred to that Court, and was at issue. No question is raised as to the Court having had j urisdiction of the parties or of the subject of the action. Now, conceding for the purposes of this argument, that the Court should have proceeded to try said cause de novo, instead of adopting the findings, conclusions, and judgment of the late District Court, it must be obvious that the only remedy for that error is an appeal. If, after acquiring jurisdiction of the parties and subject-matter of an action, a Superior Court…