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Clark v. Jones

Document Cited authorities 1 Cited in 6 Precedent Map Related
Decision Date05 June 1953
Citation258 S.W.2d 902
PartiesCLARK et al. v. JONES, Judge.
CourtSupreme Court of Kentucky

Page 902

258 S.W.2d 902

CLARK et al. v. JONES, Judge.

Court of Appeals of Kentucky.

June 5, 1953.

Terry L. Hatchett, Glasgow, for petitioners.

Respondent not represented by counsel.

CLAY, Commissioner.

This original proceeding was brought in this Court to obtain a permanent writ of prohibition against the judge of the Metcalfe Circuit Court, to restrain him from proceeding to try petitioners on an indictment charging illegal possession of alcoholic beverages for the purpose of sale in local option territory. The basis of petitioners' request is that certain evidence which will be used against them on the trial was obtained under an illegal and void search warrant.

A writ of prohibition is an extraordinary remedy, and will not be granted by this Court unless it is shown that: (1) the lower court is acting without jurisdiction or erroneously within its jurisdiction, (2) in such a manner that great and irreparable...

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4 cases
  • Fletcher v. Graham, No. 2005-SC-1009-MR.
    • United States
    • Supreme Court of Kentucky
    • May 18, 2006
    ...have not been made a part of the record before us. 3. Stafford v. Bailey, 301 Ky. 155, 191 S.W.2d 218, 219 (1945). 4. Clark v. Jones, 258 S.W.2d 902 (Ky.1953). 5. Haight v. Williamson, 833 S.W.2d 821, 823 (Ky.1992). 6. Newell Enterprises, Inc. v. Bowling, 158 S.W.3d 750, 754 (Ky.2005). 7. G......
  • Kinslow v. Carter
    • United States
    • Supreme Court of Kentucky
    • June 17, 1955
    ...and irreparable injury will occur, and petitioner is without another adequate remedy. Armstrong v. Bryan, Ky., 273 S.W.2d 835; Clark v. Jones, Ky., 258 S.W.2d 902. The Kentucky Constitution, Section 11, '* * * He cannot be compelled to give evidence against himself, * * *.' The provision of......
  • Armstrong v. Bryan
    • United States
    • Supreme Court of Kentucky
    • December 17, 1954
    ...a manner that great and irreparable injury will result therefrom, and the petitioners are without another adequate remedy. Clark v. Jones, Ky., 258 S.W.2d 902; Local No. 181, Hotel & Restaurant Employees Union v. Miller, Ky., 240 S.W.2d 576; Jones v. Tartar, 308 Ky. 813, 215 S.W.2d 955. In ......
  • Luster v. Auxier
    • United States
    • Supreme Court of Kentucky
    • October 21, 1955
    ...In the latter case irreparable injury must be shown for which there is no adequate remedy by appeal or otherwise. Clark v. Jones, Ky., 258 S.W.2d 902; Chamblee v. Rose, Ky., 249 S.W.2d 775; Chesapeake & Ohio R. Co. v. Murphy, 314 Ky. 309, 234 S.W.2d This is not a case where the lower court ......

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