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THE STATE, EX REL. THE MAYSVILLE BRIDGE CO. v. QUINLAN, PROBATE JUDGE.

Writ of prohibition — Moot question.

The court find that there is no warrant for the issuance of a writ of prohibition sought by the plaintiff, for the reason that the action, order and judgment which the plaintiff seeks to have restrained and prohibited have been fully consummated. A writ of prohibition may be awarded only to prevent the unlawful usurpation of jurisdiction, and does not lie to prevent the enforcement of a claimed erroneous judgment previously rendered; it may be invoked only to prevent proceeding in a matter in which there is an absence of jurisdiction and not to review the regularity of an act already performed. It cannot be substituted for a proceeding in error.

Writ denied.

MARSHALL, C.J., JONES, MATTHIAS, DAY, ALLEN, KINKADE and ROBINSON, JJ., concur.

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STATE, THE MAYSVILLE BRIDGE CO. v. QUINLAN
(Oct 7, 1931)