One Click Case Law for § 9-6-40
O.C.G.A. § 9-6-28 <-- --> O.C.G.A. §9-6-41

2010 Georgia Code

TITLE 9 - CIVIL PRACTICE

CHAPTER 6 - EXTRAORDINARY WRITS
ARTICLE 3 - PROHIBITION
§ 9-6-40 - Prohibition counterpart of mandamus

O.C.G.A. 9-6-40 (2010)
9-6-40. Prohibition counterpart of mandamus


The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.