
    DOVER v. GREER, Judge, et al.; et vice versa.
    
    Nos. 10177, 10178.
    December 12, 1934.
    Rehearing denied January 21, 1935.
    
      M. Felton Hatcher and Gilbert C. Robinson, for plaintiff.
    
      Felton & Felton and A. A. Marshall, for defendant.
   Beck, Presiding Justice.

The judge did not err in refusing the writ. When the order referring the case to an auditor was passed by the judge of the city court, the plaintiff could have excepted on the ground that such a reference was illegal and contrary to law, and by pendente-lite bill could have preserved his exceptions, and in case of an adverse termination of the case he could have assigned error on his exceptions pendente lite. “The office of the writ of prohibition in this State is to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, so that each tribunal shall confine itself to the exercise of those powers with which, under the constitution and laws of this State, it has been entrusted. City of Macon v. Anderson, 155 Ga. 607 (117 S. E. 753). The writ of prohibition is never granted where there is any other legal remedy. Hudson v. Preston, 134 Ga. 222 (67 S. E. 800); Turner v. Forsyth, 78 Ga. 683 (3 S. E. 649); Civil Code (1910), § 5458.” Wright v. Wood, 178 Ga. 273 (173 S. E. 138).

Judgment affirmed on the main bill of exceptionsj cross-bill dismissed.

All the Justices concur, except Russell, G. J., who dissents.  