Second, Judge Albritton said that court reporters cause the parties to raise more objections to testimony and to issues raised by either party. Maye now petitions this Court for a writ of mandamus and a writ of prohibition. Prohibition is not a favored writ and will not issue unless there is no other adequate remedy. The writ is preventive rather than corrective and is utilized to prevent the usurpation of excessive jurisdiction by a judicial tribunal. Issuance of a writ of prohibition lies within the discretion of the court, and the writ is granted or withheld according to the nature and circumstances of the case, not as a matter of right.
Prohibition is the proper remedy to intercept and put an end to usurpation of jurisdiction.
Ex parte State ex rel. Ala. R. Crim. Burnsed , So. This Court reversed the judgment of the Court of Criminal Appeals and remanded the case for reinstatement of Burnsed's appeal. Those Code sections do not apply to municipal courts.