27 Mont. 349 | Mont. | 1903
delivered the opinion of the court.
On November 19, 1902, there was filed in the district court of Silver Bow county, by Edward W. Harney, one of the judges of said court, an accusation, properly verified, charging Arthur J. Shores, Esq., an attorney and counselor at law, with certain
After argument, and upon consideration of the questions involved, the court concluded that the motion was well made, and denied the writ. The order was entered on January 8th. The court at that time stated orally the reasons for its action, and deferred the delivery of a written opinion until a later date ; the district court having in the meantime suspended the hearing to await the determination of the proceeding here.
Counsel for the relator argued that it was apparent from the petition that ample grounds were shown in the affidavits to move the district court to grant a postponement, and that a refusal of it was, under the circumstances, an arbitrary and gross abuse of discretion, amounting to a willful disregard of the provisions of law applicable. Conceding all this to be true, nevertheless the court was not willing to- make a use of the extraordinary jrower invoked, xvhich would amount to: a practical disregard of its ordinary jurisdiction by appeal, and at the same time imply a conclusion on the part of this court that the trial court intended to do the accused a gross injustice. In State ex rel. Whiteside v. District Court, 24 Mont. 539, 63 Pac. 395, cited by counsel, we endeavored to define the various powers granted to this court under the constitution, and to point out that each has its appropriate functions. It is there said that the extraordinary power of supervisory control is independent of the other powers conferred, and was not designed by the makers of the constitution to infringe upon the functions of any of them. While the statute does not provide for an independent appeal from an order denying a postponement of a trial, such an order may be reviewed upon appeal if an exception to' it is properly preserved. (Code of Civil Procedure*, Sec. 1142.) If an injustice is done by the order, the judgment will be reversed. Ordinarily this relief is full and adequate. It was also said in the Whiteside Case, supra,, that one of the functions of our
Several other points were made and argued by counsel, but they were without merit, and are concluded by the foregoing observations.
Writ denied.
Denied.