People ex rel. Ducheneau v. Hiram House
Utah Supreme Court
Appeal from a judgment of tlie district court of tbe first district ordering a peremptory writ of prohibition. The facts are stated in the opinion. The application for a writ of prohibition is the commencement of an original action, which must be tried and determined as other actions are. Issues of fact dehors the record may be presented and issue joined thereon: See Chapter "3, page 326, statutes 1884, and secs. 968-977, therein referred to.
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Appeal from a judgment of tlie district court of tbe first district ordering a peremptory writ of prohibition. The facts are stated in the opinion. The application for a writ of prohibition is the commencement of an original action, which must be tried and determined as other actions are. Issues of fact dehors the record may be presented and issue joined thereon: See Chapter "3, page 326, statutes 1884, and secs. 968-977, therein referred to. This being so, the affidavit or complaint must state facts sufficient to constitute a cause of action. If it does not the objection may be raised at any…
1Opinion of the Court
Boreman, J.:
The Corinne Mill Canal & Stock Company, as plaintiff, instituted an action of trespass in the justice’s court, before Hiram House, a justice of the peace, against Charles Ducheneau, the respondent herein, as defendant in that action, and alleged that said company was the owner and in possession of certain real estate. The defendant therein, said Ducheneau, answered denying that said company was either the owner or in possession of the land, or any portion- of it, or that it ever had been; and demanding a dismissal of the action, as the justice had no jurisdiction where the title…
2Cases cited6 opinions
- Ex Parte EastonSupreme Court of the United States · 1877
- Perris v. HigleySupreme Court of the United States · 1874
- Langford v. MonteithSupreme Court of the United States · 1880
- Maurer v. MitchellCalifornia Supreme Court · 1878
- United States v. HoffmanSupreme Court of the United States · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barnes v. Lehi CityUtah Supreme Court · 1929
- Norfolk & W. Ry. Co. v. Pinnacle Coal Co.West Virginia Supreme Court · 1898
- Winsor v. BridgesWashington Supreme Court · 1901
- Campbell v. DurandUtah Supreme Court · 1911
- Overland Gold Mining Co. v. McMasterUtah Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.