(DOWNLOAD) "State Ex Rel. Pereira v. District Court" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Pereira v. District Court
- Author : Supreme Court of Montana
- Release Date : January 30, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Certiorari ? Writ not Available to Correct Non-prejudicial Error ? Premature Application. Certiorari ? Office of Writ ? Not to be Granted to Correct Formal or Non-prejudicial Error. 1. The office of the writ of certiorari is merely to annul acts of an inferior tribunal board or officer which are clearly without or in excess of jurisdiction, and not to prevent, in advance, threatened wrongs; nor will it be granted for the correction of merely harmless, technical or formal errors which are not shown to have resulted prejudicially or caused substantial injustice to relator. Same ? Writ Does not Lie Until Proceeding Sought to be Reviewed is Finally Determined. 2. The writ of certiorari does not lie until the proceeding in which the authority of an inferior tribunal is questioned has been finally determined. Same ? Premature Application ? Case at Bar. 3. In an action pending, plaintiff was about to secure the depositions of witnesses before a notary public, when defendant petitioned the court for an order recalling the subpoenas and enjoining the further taking of testimony. Without awaiting the hearing of an order to show cause issued and set for the fourth day thereafter, plaintiff applied to the supreme court for a writ of certiorari to annul the order of the district court. Held, that relator could not have been injured by the order sought to be reviewed, and that the application was premature in that the trial court should not be put in error on a matter as yet not submitted to it for decision. - Page 350
 "State Ex Rel. Pereira v. District Court" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}