State Ex Rel. Malone v. District Court

In an action pending in the district court of Ravalli county, wherein this relator is plaintiff and Earl F. Lock-ridge and another are defendants, a motion for a change of venue was made by the plaintiff on March' 24, 1925, and overruled by the court on June 12, 1925. Thereupon relator applied to this court for a writ of mandate to compel the change.

The question whether the remedy by mandamus is available is not raised or discussed in the briefs of counsel, but since it is manifest that to issue the writ would be an abuse of process, this court, of its own motion, will intercede, in the…