24 Mont. 494 | Mont. | 1900
delivered the opinion of the Court.
By the writ of certiorari the plaintiffs seek the judgment of this Court annulling orders of the district court of the county of Silver Bow dissolving a restraining order, dismissing an order to show cause why an injunction pendente lite should not issue, and refusing to issue such injunction, and dismissing the action without prejudice. These orders were made on the 14th day of March, 1900, in the case of King et al. against Maloney et al. then pending in the district court, and numbered 8,418. The complaint in the action was filed on the 15th day of February, 1900. With the summons an order temporarily restraining the defendants from committing certain alleged wrongs was issued, and also an order to show cause why an injunction pending the suit should not be granted. On the 19th day of February, 1900, the defendants therein filed in the district court a motion to set that order aside, to vacate the restraining order, and to enter an order refusing to grant the injunction prayed for, upon the grounds, among others, that there was another action, numbered 8,059, pending in the
Counsel for the plaintiffs contend that in making the orders the district court exceeded its jurisdiction, and that the remedy by appeal is neither speedy nor adequate.
Under the Constitution and Statutes' of Montana, the district court has jurisdiction of the class of actions to which belongs the one wherein the orders assailed were made, — it has jurisdiction of all actions of that kind. It had jurisdiction of the action, — that is to say, it possessed the power to hear and determine (or, it should seem, to hear without deciding, orto decide without a hearing) all questions presented in the cause, —and to make such orders and render such judgments therein as the law authorizes in the class of actions to which King et al. against Maloney el al. belongs; and this power necessarily included the power to decide wrongly as well as rightly, and to make an erroneous order or render an erroneous judgment as well as a correct one. It had jurisdiction of the subjecl
The district court, in an action pending before it of which it had jurisdiction, dissolved a temporary restraining order, dismissed an order to show cause why an injunction pendente lite, should not issue, refused to issue an injunction, and dismissed the action without prejudice. Each order was one which the court had authority to make, notwithstanding it may have been erroneous. It is manifest that the determination of the court with reference to the restraining order, the injunction order and the order to show cause was within the limits of its jurisdiction; and it is equally clear that in making the order dismissing the action the court did not exceed its jurisdiction. (Buckley v. Superior Court, 96 Cal. 119, 31 Pac. 8.) The question is not whether the orders were erroneous; the sole question is whether the court had jurisdiction to make them. Certiorari cannot be used for the purpose of correcting errors committed in the exercise of jurisdiction. Nothing in State ex rel. Allen v. Napton, 24 Mont. 450, 62 Pac. 686, is in conflict with the views here expressed.
Holding, as we do, that the court regularly pursued its authority in making the orders complained of, the question whether ihere is an appeal, or any plain, speedy and adequate
On the hearing the defendants moved that the writ be quashed, and the proceeding dismissed, for the reason that the affidavit does not state facts sufficient to warrant the granting of the writ. The motion and the cause were submitted and taken under advisement at the same time. The motion to quash must be sustained, and the proceeding dismissed, at the cost of the plaintiffs. Judgment will be entered accordingly.
Dismissed.