State ex rel. Gold v. Secrest
Supreme Court of Minnesota
Appeal by the relator from an order of the district court for Washington county, McCluer, J., presiding, refusing a peremptory writ of mandamus. The affidavit of relator, as recited in the alternative writ, stated that on August 19, 1884, on relator’s complaint, the respondent, a justice of the peace of Baytown, and village justice of the village of South Stillwater, in that county, issued a warrant and caused the arrest of one Yorks, charged by relator with assault.
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Appeal by the relator from an order of the district court for Washington county, McCluer, J., presiding, refusing a peremptory writ of mandamus. The affidavit of relator, as recited in the alternative writ, stated that on August 19, 1884, on relator’s complaint, the respondent, a justice of the peace of Baytown, and village justice of the village of South Stillwater, in that county, issued a warrant and caused the arrest of one Yorks, charged by relator with assault. Yorks having pleaded not guilty and being brought to trial, the respondent refused to proceed further, on the ground that he…
1Opinion of the Court
Gtlfillan, 0. J.1
We think the court below decided correctly both the points presented, — that touching the jurisdiction of the defendant as justice of the peace to try the case commenced before him, and also whether the case is a proper one for a mandamus. Another reason *384than that assigned by the court below for its decision of the latter question may be given. A court would never issue a mandamus if it be clearly apparent that the writ would be futile, as it would be in this case. The justice dismissed the case before him, and released the defendant. He was in error in so doing, but the…
2Cited by6 opinions
- State ex rel. Prall v. District CourtSupreme Court of Minnesota · 1914
- Anderson v. HaslettSupreme Court of Kansas · 1910
- State ex rel. Smith v. DrakeWisconsin Supreme Court · 1892
- State ex rel. Treat v. HammelWisconsin Supreme Court · 1907
- Miller v. StensethNorth Dakota Supreme Court · 1918
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