Old Blue Ribbon Distillers, Inc., v. Holbert, Judge

• Decision Date: 07 February 1939
• Citation: 276 Ky. 687
• Parties: Old Blue Ribbon Distillers, Inc., v. Holbert, Judge.
• Court: United States State Supreme Court — District of Kentucky

Page 687

276 Ky. 687

Old Blue Ribbon Distillers, Inc., v. Holbert, Judge.

Court of Appeals of Kentucky.

February 7, 1939.

1. Courts. — Under the Constitution, Court of Appeals may entertain original jurisdiction in prohibition proceeding where the court sought to be prohibited is proceeding entirely without jurisdiction and petitioner therein will suffer irreparable injury for which there is no adequate remedy at law, or where the court may be proceeding within its jurisdiction, but exercising it erroneously to the great detriment of the petitioner who has no adequate remedy at law (Constitution, sec. 110).

2. Courts. — Where petition failed to state facts showing nature of action in circuit court, and it was impossible to determine upon what grounds writ of prohibition was sought, except that it was alleged that circuit court was without jurisdiction, and, by way of a conclusion, that petitioner would suffer great and irreparable injury, and it was not shown that an appeal from any judgment rendered would not afford an adequate remedy, demurrer to petition was properly sustained (Constitution, sec. 110).

3. Courts. — Court of Appeals will not exercise supervisory control over an inferior court by original writ except in extraordinary cases when the exigencies are so exceptional that no other remedy is adequate to prevent a miscarriage of justice (Constitution, sec. 110).

In Court of Appeals.

WM. A. SCHUBERTH and B.P. WOOTTON for petitioner.

HUBERT MEREDITH, Attorney General, and JESSE K. LEWIS, Assistant Attorney General, for respondent.

OPINION BY JUDGE REES.

Dismissing petition.

This is an original action filed in this court by the petitioner against Hon. G.K. Holbert, Judge of the Hardin circuit court, seeking a writ of prohibition to prevent him from proceeding further in an action pending in the Hardin circuit court in which the petitioner is the defendant.

The petition failed to state any facts showing the nature of the action in the Hardin circuit court, and it was impossible to determine upon what grounds the writ was being sought except it was alleged that the Hardin circuit court was without jurisdiction. A demurrer to the petition was sustained, and an amended petition has been filed from which it appears that the Commonwealth of Kentucky has filed in the Hardin circuit court its petition to revoke and cancel the articles of incorporation of the Old Blue Ribbon Distillers, Inc., which were filed in Meade county in 1934, and to cancel its charter issued by the Secretary of State. It is also alleged that summons was served on Russell Ditto, petitioner's duly appointed agent for the process of service, who resides in Meade county. It is also alleged that petitioner has no adequate remedy at law, and that it will suffer irreparable injury if the respondent is permitted to proceed in the...