Learning something new

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While perusing through the newest posting of unpublished orders I found State v. District Court (Martinez), which is an order denying the State's original petition for a writ of mandamus or procedendo.  I thought I was up on all of the writs: the habeas, the mandamus, the prohibition and even the coram nobis.  Procedendo was a new one to me -- so I consulted the source of information on all subjects, Wikipedia, and learned the following:t l charger imech.com

"In common law jurisprudence, procedendo is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment.t l charger imech.com

"The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be."t l charger imech.com

State ex rel. Davey v. Owen, 133 Ohio St. 96, 106 (Ohio 1937).t l charger imech.com

The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt.t l charger imech.com

Inherently, the most important limitation on this jurisdiction is that the writ of mandamus is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion. In other words, so far as the writ affects the action of inferior courts, its use is not to be extended to compel the rendition of a particular judgment, in accordance with the views of a higher court.t l charger imech.com

In re Press Printers & Publishers, Inc., 12 F.2d 660, 664 (3d Cir. 1926)t l charger imech.com

It corresponds to certiorari, except that certiorari is a higher court's order to a lower court to send the record of a case to it for appellate review."t l charger imech.com

It appears that there are no Nevada published opinions concerning the writ of procedendo.  Anyway, something new for a Friday morning.  Thought I should share.  Back to work.t l charger imech.com


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This page contains a single entry by JoNell published on November 21, 2008 10:04 AM.t l charger imech.com

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