Hale v. Barker, District Judge
Utah Supreme Court
1DissentCherry, J.
I agree that the court erroneously granted the change of venue, but I think no question of jurisdiction was involved. State v. Morgan, 44 Utah 224, 140 P. 218, Ann. Cas. 1916D, 1279. Mandamus does not lie to correct such an error. State v. Smith, 23 Mont. 329, 58 P. 867, and cases cited; State v. District Court, 53 Mont. 358, 163 P. 1149. If before final judgment resort may be had to extraordinary remedies for the correction of mere judicial errors not involving jurisdiction, the essence and evils of the interlocutory appeal are preserved notwithstanding constitutional and statutory…
2Cases cited3 opinions
- State ex rel. Independent Publishing Co. v. SmithMontana Supreme Court · 1899
- State v. MorganUtah Supreme Court · 1914
- State ex rel. Woodward v. District CourtMontana Supreme Court · 1917