180 Ga. 45 | Ga. | 1934
A suit for damages was filed by Dover in the city court of Oglethorpe against the Georgia Power Company; and when the case came on for trial the judge of that court, after a jury had been stricken and empaneled, on, motion of defendant’s ' counsel withdrew the case from the jury and passed an
The judge did not err in refusing the writ. When the order referring the case to an auditor was passed by the judge of the city court, the plaintiff could have excepted on the ground that such a reference was illegal and contrary to law, and by pendente-lite bill could have preserved his exceptions, and in case of an adverse termination of the case he could have assigned error on his exceptions pendente lite. “The office of the writ of prohibition in this State is to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, so that each tribunal shall confine itself to the exercise of those powers with which, under the constitution and laws of this State, it has been entrusted. City of Macon v. Anderson, 155 Ga. 607 (117 S. E. 753). The writ of prohibition is never granted where there is any other legal remedy. Hudson v. Preston, 134 Ga. 222 (67 S. E. 800); Turner v. Forsyth, 78 Ga. 683 (3 S. E. 649); Civil Code (1910), § 5458.” Wright v. Wood, 178 Ga. 273 (173 S. E. 138).
Judgment affirmed on the main bill of exceptionsj cross-bill dismissed.