27 Mont. 280 | Mont. | 1902
delivered the opinion of the court.
By'the amended complaint in an action pending in the district court- of Silver Bow county, entitled “John S. Harris, as Administrator of the Estate of Robert G. Ingersoll, Deceased,
1. As to certiorari> it is enough to say that the court had jurisdiction to make the order sought to be annulled, and therefore this remedy is not available. (State ex rel. Prescott v. Third Judicial Dist. Court, 27 Mont. 179, 70 Pac. 516.)
2. Mandamus does not lie to direct the making of a particular judicial decision or ruling in a matter within the jurisdiction of the court or judge. (State ex rel. Independent Pub. Co. v. Smith, 23 Mont. 329, 58 Pac. 867.) Nothing in Raleigh v. District. Court, 24 Montana Reports, 306, (61 Pac. 991, 81 Am. St. Rep. 431), supports the plaintiff’s contention. There it was - held that refusal to take jurisdiction, or, after having acquired jurisdiction, refusal to proceed in its regular exercise, or the erroneous determination of a question of law or practice, presented as a preliminary objection, upon which the court refused to examine the merits, will be corrected by mandamus. Here the court took
3. The writ of supervisory control cannot be successfully invoked, for, it may be employed only in exigent cases to remedy manifest wrongs which cannot be otherwise righted. (State ex rel. Sutton. v. Second Judicial Dist. Court, 27 Mont. 128, 69 Pac. 988.) Should the writ issue upon the present application, it would lie to correct each and every mistake of district courts,, and in great measure supplant the ordinary appeal. Such is not its office. (State ex rel. Moore v. Second Judicial Dist. Court, 25 Mont. 31, 63 Pac. 686.)
The alleged errors asserted by the plaintiff may be corrected only on motion for neiv trial or on appeal. Let the application be denied, and the proceeding dismissed.
Dismissed.