(Download) "State Ex Rel. Sands v. District Court" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Sands v. District Court
- Author : Supreme Court of Montana
- Release Date : January 27, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Prohibition ? Intervention ? For Error Within Jurisdiction Appeal Proper Remedy. Prohibition ? When Writ Lies. 1. The writ of prohibition lies when a court is proceeding in excess of jurisdiction, but, where it has jurisdiction, a mistaken exercise of it does not justify a resort to the writ. Same ? Intervention ? Error Within Jurisdiction Reviewable on Appeal. 2. In an action for the recovery of real property the trial court permitted a third party to intervene who had judgment. On application for writ of prohibition at the instance of parties brought in as defendants by intervenor, seeking to prohibit the trial court from enforcing the judgment on the ground that the complaint in intervention dealt with property not described in the original action and that therefore the court was without jurisdiction to adjudicate the title thereto, held that the court having had jurisdiction of the parties and the subject matter, if error was committed, it was error within jurisdiction, reviewable on appeal and not by writ of prohibition.