Willman v. District Court
| Decision Date | 31 January 1894 |
| Citation | 35 P. 692,4 Idaho 11 |
| Parties | WILLMAN v. DISTRCT COURT, ETC |
| Court | Idaho Supreme Court |
PRACTICE-PROHIBITION.-Writ of prohibition does not lie to arrest the action of a district court upon a mere question of pleadings.
(Syllabus by the court.)
Original proceeding in Supreme Court. Petition for writ of prohibition.
Petition denied.
A. F Montadon, for Petitioner.
J. J Burt, of Counsel.
No briefs on file in this case.
Petitioner commenced an action in the district court for Alturas county against S. M. Friedman for the recovery of amounts alleged to be due and owing from defendant to plaintiff upon certain notes and accounts. Attachment was issued and levied upon property of defendant. A motion to dissolve the attachment was sustained by the court, and thereupon plaintiff amended his complaint, claiming to have it changed into "a bill in equity for the foreclosure of what the court below held to be an equitable mortgage covering certain real estate." To the amended complaint of plaintiff, defendant filed an answer and cross-complaint, claiming damages for the alleged wrongful and unlawful issuance and levy of the attachment aforesaid. To this answer and cross-complaint of defendant plaintiff filed a general demurrer, which was overruled by the court. Plaintiff now petitions this court for a writ of prohibition, to be directed to said district court, commanding said court to desist from further proceedings upon said cross-complaint in said action. Section 4994 of the Revised Statutes of Idaho defining the office and purposes of a writ of prohibition, says: "It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person"; and section 4995 provides for its issuance "in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law." It is claimed by counsel for petitioner that this is a proper case for the invocation of the extraordinary writ of prohibition, because the plaintiff in the pending action has not a speedy and adequate remedy by the provisions of law in appeal, and counsel have furnished us with quite a lengthy written argument in support of this theory. There is much of history and reminiscence in the brief of counsel, but we fail to find reference to a single precedent or principle,...
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... ... HURTT and EDWARD STEIN, Intervenors Supreme Court of IdahoJuly 27, 1921 ... PUBLIC ... UTILITIES COMMISSION-JURISDICTION-REMEDY BY ... Held, that the intervention of the Public Utilities ... Commission in an action in the district court where plaintiff ... herein was a party and the same question was involved as here ... 40; Blackwell Lumber ... Co. v. Flynn, 27 Idaho 632, 150 P. 42; Willman v ... District Court, 4 Idaho 11, 35 P. 692; Fraser v ... Davis, 29 Idaho 70, 156 P. 913, 158 ... ...
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...of exceptional circumstances. See Smith v. Young, 71 Idaho 31, 225 P.2d 466, wherein this court quoted from Willman v. District Court, 4 Idaho 11, at page 13, 35 P. 692, the 'The ruling of the district court may or may not be correct, but the law provides a 'plan, speedy, and adequate' mean......
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...Dist. No. 58 v. Lunden, 71 Idaho 486, 233 P.2d 806 (1951) ; Smith v. Young, 71 Idaho 31, 225 P.2d 466 (1950) ; Willman v. District Court, 4 Idaho 11, 35 P. 692 (1894). It is fundamental that a writ will not function as the equivalent of an appeal or a petition for review. Rufener v. Shaud, ......
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