The court ultimately directed that the cause be put in abeyance to allow proponents of the annexation the opportunity to file a writ of prohibition, which they did on February 10, 1947.

He immediately sought a writ of prohibition.

* In extraordinary circumstances, the United States court of appeals can use the common-law writ of prohibition under the All Writs Act to control proceedings in the district courts.

* The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court.

A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.

Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record ( i. e., higher than a misdemeanor court ) toward any official body, whether a court or a county, city or town government, that is within the court's jurisdiction.

A " writ of prohibition ", in the United States, is an official legal document drafted and issued by a supreme court, superior court or an appeals court to a judge presiding over a suit in an inferior court.

The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.

In criminal proceedings, a defendant who has been committed for trial may petition to the superior court for a writ of prohibition, in this case on the ground that his conduct, even if proven, does not constitute the offense charged.

However, unlike a writ of prohibition, superior courts issue writs of certiorari to review decisions which inferior courts have already made.

A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.

When the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal.

In KUTV, Inc. v. Conder, media representatives sought review by appeal and by a writ of prohibition of an order barring the media from using the words " Sugarhouse rapist " or disseminating any information on past convictions of defendant during the pendency of a criminal trial.

* ( v ) in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.

This includes matters in which " a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth ".

The bulk of matters falling within this category often are called the " extraordinary writs " and include habeas corpus, mandamus, quo warranto, and the writ of prohibition.

However, where lower courts are concerned, an erroneous refusal to recuse in a clear case can be reviewed on appeal or, under extreme circumstances, by a petition for a writ of prohibition.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

The prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.

Blackstone explained the basis of the writ, saying " The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.

The section provides that the writ of habeas corpus shall not be suspended " except when in cases of rebellion or invasion the public safety may require it "; prohibits bills of attainder or ex post facto laws ; bars the imposition of taxes or duties on articles exported from any state or the granting of preference to ports of one state over another ; and prohibits civil officers from accepting titles of nobility without the consent of Congress.

Federal court review may review state court judgments in criminal cases by ruling on petitions for a federal writ of habeas corpus, in which a federal court is asked to review whether a defendant has been given due process of law as defined under federal law.

This is called petitioning for a writ of certiorari, and the Supreme Court may choose, in its sole discretion, to review any lower court ruling.

In extremely rare cases, the Supreme Court may grant the writ of certiorari before the judgment is rendered by the court of appeals, thereby reviewing the lower court's ruling directly.

In some U. S. states, such as California, the writ is now called mandate instead of mandamus, and may be issued by any level of the state court system to any lower court or to any government official.

Its legal argument holding that Congress alone may suspend the writ is noted for reiterating the opinion of John Marshall and the court in Ex parte Bollman and was recently restated by the Supreme Court in Hamdi v. Rumsfeld.

It observed further that during the suspension of the writ of habeas corpus, citizens may be only held without charges, not tried, and certainly not executed by military tribunals ; the writ of habeas corpus is not the right itself but merely the ability to issue orders demanding the right's enforcement.

* Some courts have held that in rare circumstances in a federal criminal case, a United States district court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.

In some cases, this writ may also be used to prevent an inferior court from acting contrary to the rules of natural justice.

The name Praemunire may denote the statute, the writ, or the offence.

Author Karen Holliday Tanner, in Doc Holliday, A Family Portrait, speculated that Holliday may not have been in Pueblo at the time of the court date, citing a writ of habeas corpus issued for him in court on July 11.

The writ must be returned within 50 days of being issued, though the Governor-General may appoint an earlier return date in the writ itself.

The writ may have arisen in 1566 because at that time there was a ' Bill for Latitat for Vexation out of the King's Bench ' before Parliament and there was another in 1802.

:" from henceforth and for ever everyone being of the council of the Province and any other gentleman of able judgement summoned by writ ( and the Lord of every Manor within this Province after Manors be erected ) shall and may have his voice, seat, and place in every General Assembly ... together with two or more able and sufficient men for the hundred as the said freedmen or the major part of them ... shall think good ".

The term Lord of Parliament may also be used to refer to any member of the House of Lords: in particular, the Standing Orders of the House of Lords state " Bishops to whom a writ of summons has been issued are not Peers but are Lords of Parliament.

At the order of the Dowager Electress, the Hanoverian agents, supported by the Whig leaders, demanded that a writ of summons be issued which would call the Duke to England to sit in Parliament, thus further insuring the Succession by establishing a Hanoverian Prince in England before the Queen's death.

A Mexican justice of the peace had issue a writ against Chavez for taking part in the `` murder '' of Manuel Gonzales so he and his father were anxious to be taken out of danger.

Historically, civil defendants could be taken into custody under a writ of capias ad respondendum and be forced to post bail before being released.

(; Latin: " you must present the person in court ") is a writ ( legal action ) which requires a person under arrest to be brought before a judge or into court.

A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order ; it is addressed to the custodian ( a prison official for example ) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person.

One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case ( 1772 ), where the black slave Somersett was ordered to be freed.

The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined.

However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued.

And Charles Stuart, eldest son of the late King, being informed of these transactions, left the Spanish territories where he then resided, and by the advise of Monk went to Breda, a town belonging to the States of Holland: from when he sent his letters and a declaration to the two House by Sir John Greenvil ; whereupon the nominal House of Commons, though called by a Commonwealth writ in the name of the Keepers of the Liberties of England, passed a vote about April 25, 1660, ' That the government of the nation should be by a King, Lords and Commons, and that Charles Stuart should be proclamed King of England.

Because Marbury filed his petition for the writ of mandamus directly in the Supreme Court, the Court needed to be able to exercise original jurisdiction over the case in order to have the power to hear it.

Originally, notice ( and power ) manifested more viscerally, where the defendant in a civil case could be seized and brought before the court under the writ of capias ad respondendum.

While classical rhetoric trained speakers to be effective persuaders in public forums and institutions such as courtrooms and assemblies, contemporary rhetoric investigates human discourse writ large.

He distributed a royal writ demanding that the Jews be left alone.

Since Representatives are to be " chosen ... by the People ," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives ; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy.

They must give us proof, strong as holy writ, that they have washed their hands and are worthy again to be trusted.