(Download) "State Ex Rel. Larsen v. District Court Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Larsen v. District Court Et Al.
- Author : Supreme Court of Montana
- Release Date : January 08, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Mandamus ? Discretion ? Supervisory Control ? Writ Issues Only in Exigent Cases. Mandamus Issues, When. 1. Mandamus is not a writ of right; it issues only in the discretion of the court and will only be allowed in furtherance of justice in a proper case. In determining whether it shall issue or not, the court is not bound to take the case as the applicant presents it; it may consider defendants rights, the interests of third persons, the importance or unimportance of the case and the applicants conduct. Same ? When Writ will not Issue. 2. The writ of mandate will not issue where the applicant has a plain, speedy and adequate remedy in the ordinary course of law; if he has an adequate remedy in equity, as by the issuance of an injunction, the court in the exercise of its discretion may refuse the writ. Same ? What District Court may Take into Consideration in Determining Matter of Issuance. 3. Quaere: To what extent may the district court, in determining whether or not a writ of mandate should run, avail itself of knowledge obtained by it in a former proceeding involving the same issues? Same ? Refusal Held not Abuse of Discretion. 4. Refusal of the district court to issue an alternative writ of mandate directed to the trustees of a school district to compel them to cancel a contract for the erection of a schoolhouse and to re-advertise for bids, held not an abuse of discretion under the circumstances presented. Supervisory Control ? Lies, When. 5. The writ of supervisory control lies to control the course of litigation where inferior courts, proceeding within jurisdiction, by mistake or in wilful disregard of law, are doing gross injustice and there is no appeal or that remedy is inadequate; it is one to be seldom used and may be employed only in exigent cases to remedy manifest wrongs which cannot otherwise be righted. - Page 436 Same ? Will not Run, When. 6. Held, under the above rule (par. 5), that in the absence of a showing that petitioner for a writ of supervisory control to review the action of the district court in denying to issue an alternative writ of mandate could not secure adequate relief by way of appeal and that his case was exigent, the writ will not issue.