- Find Attorney
Writ of inhibition refers to a writ issued by a superior ecclesiastical court. This writ forbids a judge from proceeding in a pending case. This writ served a function similar to the common-law writ of prohibition. It is a writ issuing from an ecclesiastical court prohibiting a member of the clergy from taking office.
Writ of inhibition also prohibits a debtor from encumbering the debtor’s inheritable property to the prejudice of a creditor. In Penhallow v. Doane's Adm'rs, 3 U.S. 54 (U.S. 1795), it was held that the writ of inhibition is a proper and necessary writ, not because it suspends the effect of the decree, for that is already done by the appeal; but because it enables the court of appellate jurisdiction, in case of disobedience, to punish the inferior court as being in contempt.