4 Utah 369 | Utah | 1886
The Corinne Mill Canal & Stock Company, as plaintiff, instituted an action of trespass in the justice’s court, before Hiram House, a justice of the peace, against Charles Ducheneau, the respondent herein, as defendant in that action, and alleged that said company was the owner and in possession of certain real estate. The defendant therein, said Ducheneau, answered denying that said company was either the owner or in possession of the land, or any portion- of it, or that it ever had been; and demanding a dismissal of the action, as the justice had no jurisdiction where the title of real estate was in ques^ tion. Notwithstanding this demand, and the raising of
The appellant, said justice, maintains that as it does not appear from the affidavit on which the writ issued that the answer of said Ducheneau to the complaint in the justice’s court was under oath, the writ should have been quashed as being unauthorized. The organic act of this territory (9 St. at Large, 453, sec. 9) provides “that justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute.” In what is termed the “Poland Bill,” approved June 23, 1874, it is provided that the district courts shall have exclusive original jurisdiction “in all controversies where the title, possession, or boundaries of land . . . shall be in dispute.” 1 Supp. Rev. St. U. S., 105, c. 469. In the Revised Statutes of the United States of 1878, it is further provided that “no justices of the peace in any territory shall have jurisdiction of any case in which the title to lands, or the boundary thereof, in anywise comes in question.” Rev. St. U. S. (2d Ed.) sec. 1867, p. 330. Our territorial Code of Civil Procedure makes an additional requirement not found in the United States statutes, namely: that “if it appeared from the answer of the defendant, verified by his oaih, or that of his- agent or attorney, that the determination of the action will necessarily involve the question of title or possession to real estate,” the justice must suspend proceedings, and certify the case to the district court, etc.
In neither of the provisions quoted from the United States statutes is there anything requiring the answer of the defendant in the action before the justice to be under oath. If we should now say that the United States stat
The case of Langford v. Monteith, 102 U. S., 145, in no way conflicts with this view of the law. In that case the record showed that the answer was sworn to in accordance with the Idaho statute, and the supreme court of the United States simply held that as the issue as to title to real estate was raised by the answer, sworn to by defendant, the justice’s court should have certified the case to the district court. The court did not decide that to
The fact that the respondent asked a dismissal of the case, instead of a transfer to the district court, did not relieve the appellant, the justice, from the responsibility of failing to obey and follow the law of Congress. The, title to real estate came in question, and it was his duty to, at least, refuse- to proceed to judgment. We see no reason why the justice could not have certified the case to the district court under our territorial Code of Civil Procedure; but perhaps that question is not necessarily involved in the decision of this case. Tet the justice did not so certify it, but proceeded to judgment in his own court.
The appellant urges that respondent had a “plain, speedy, and adequate remedy” by way of appeal, if such judgment of the justice was not satisfactory. An appeal to the district court would not have enabled the parties to have had the question of title, or of possession, tried in the district court; as that court could only have dismissed the case, “because there could have been no lawful trial before the justice:” Langford v. Monteith, 102 U. S., 145. An appeal would have been, therefore, only an empty form, and would have settled nothing, except that there could be “no lawful trial before the justice;” and hence none before the district court. Actions in court are for the settlement of some matter in dispute, and not to compel parties to submit to the expense and trouble of going through certain forms, with no beneficial object in view, and before an officer whose final decision is utterly void, and of no binding force. They have the right to be saved from such annoyance and vexation, and to have a tribunal acting without jurisdiction prevented from harassing them by suits and judgments which settle nothing, and accomplish no good imrpose. An appeal' in this case would have settled nothing. The merits of the controversy would have remained untouched. This is not like an appeal from the judgment of a justice when he was acting
Our statute regarding the writ of certiorari specifies an appeal as a remedy; but the provisions respecting the writ of prohibition omit the word “appeal” entirely. The sections regarding the certiorari likewise provide that such writ may issue when the tribunal, etc., exercising judicial functions has exceeded its jurisdiction; but the sections regarding prohibition provide that it may be issued, not only when the tribunal has exceeded its jurisdiction, but also when it acts “without” such jurisdiction. The former writ can also be issued only to a tribunal or person exercising judicial functions, whereas the statute says that prohibition can be issued against one exercising either judicial or ministerial functions. The former can be issued only when there is “no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy;” whereas the statute says that prohibition may be resorted to “where there is not a plain, speedy, and adequate remedy in the ordinaru course of law.” These differences in the statutes regarding these two writs show that different rules are in a variety of cases to control the issuance of these writs, aud the last provision referred to shows that the remedy meant in the statute regarding prohibition is a remedy “in the ordinary course of law.” There
It is insisted, however, that the writ of prohibition should not have issued, because the only act left for the justice to perform was ministerial — -the issuing of an execution; and that the writ of prohibition could notissue to arrest the doing of a ministerial act, notwithstanding the language of the territorial statute; that it was not within the power of the legislature to confer such authority on the district court, but it could only authorize the common-law writ. At common law the writ of prohibition could not generally issue to arrest the doing of a merely ministerial act. But the supreme court of the United States, in the absence of any statute, recognizes' that the writ may issue, even after sentence and judgment, where something remains to be done “which the court or party to whom the writ was directed might do, and probably would have done; as the collection of costs, or otherwise enforcing the sentence:” U. S. v. Hoffman, 4 Wall., 162, 163; High, Extr. Rem. sec. 774. See, also, 3 Term B. 4; 3 Bl. Comm. (Sharswood,) 112, note 17. We, however, have a territorial statute which provides for its issuance to arrest the exercise of ministerial functions: Laws 1884, p. 326, sec. 982.
The district courts have general common-law and chancery jurisdiction, and that covers about everything of a civil or criminal nature not expressly committed to some-other tribunal: Ferris v. Higley, 20 Wall., 375. We can readily see that this general jurisdiction would embrace the common-law writ of prohibition, and that the legislature could in no way deprive the district courts of such jurisdiction. But the legislature, in pursuance of its au
We see no error in adjudging costs against the justice. It was he that was brought into court on the writ, and it was his acts which are in question. It was not a single error; it was an intentional disregard of a statute, in assuming an unauthorized jurisdiction: Code Civil Proc. sec, 914; U. S. v. Schurz, 102 U. S., 407, 408.
Let the judgment of the district court be affirmed.