What is the test for establishing jurisdiction in a motion to prohibit the use of the writ of prohibition?

California, United States of America


The following excerpt is from Tide Water Associated Oil Co. v. Superior Court, 270 P.2d 568 (Cal. App. 1954):

'In 21 Cal.Jur., p. 583 it is said, 'Jurisdiction is power or 'authority to hear and determine a cause.' It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decisions there made, and the writ of prohibition is not, as a consequence, available to restrain or correct error,--to regulate or control procedure * * *'.

'In Abelleira v. District Court of Appeal, 17 Cal.2d 280, 287, 109 P.2d 942, 946,

Page 576

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