Gates v. McGee
South Dakota Supreme Court
Original application for a writ of prohibition by the state, on the relation of H. N. Gates against Levi McGee, judge of the circuit court, and another. Where a court has obtained jurisdiction over the subject matter of any action it should be allowed to retain jurisdiction and its jurisdiction should not be interfered with by any court of concurrent jurisdiction.
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Original application for a writ of prohibition by the state, on the relation of H. N. Gates against Levi McGee, judge of the circuit court, and another. Where a court has obtained jurisdiction over the subject matter of any action it should be allowed to retain jurisdiction and its jurisdiction should not be interfered with by any court of concurrent jurisdiction. Gould v. Hayes, 19 Ala 438; State v. Devers, 34 Ark. 188; Louden Irrigating Canal Co. v. Handy Ditch Co., 22 Col. 102; Beeson v. Elliott, 1 Del. Ch. 368; Beatty v. Ross, 1 Ela. 198; Hardeman v. Battersvy, 53 Ga. 36; Ross v.…
1Opinion of the CourtHaney, J.
An order to show cause why a writ of prohibition should not be issued by this court restraining further proceedings in an action pending in the circuit court within and for Custer county having been issued and served, defendants appeared by counsel, and demurred to plaintiff’s application on the ground that it does not state facts sufficient to warrant the issuance of the writ. No objection having been raised to the form of the return, the matter will be considered as an application upon notice for a peremptory writ of prohibition to which the defendants have answered without raising any…
2Cases cited3 opinions
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
- Vine v. JonesSouth Dakota Supreme Court · 1900
- Dudley v. Dakota Hot Springs Co.South Dakota Supreme Court · 1899
3Cited by3 opinions
- Ewing v. WaddingtonSouth Dakota Supreme Court · 1933
- Wyman Co. v. Farmers Elevator Co.South Dakota Supreme Court · 1930
- Compeer Financial, PCA v. Sunwold Farms, Inc.District Court, D. South Dakota · 2025