State Ex Rel. Hauswirth v. Beadle Et Al. Book Reviews

State Ex Rel. Hauswirth v. Beadle Et Al. by Supreme Court of Montana Book Summary

Prohibition ? Function of Writ ? Dismissal of Application ? Appeal ? Moot Question ? Dismissal of Appeal. Prohibition ? Function of Writ. 1. The writ of prohibition arrests proceedings when the court, corporation, board or person sought to be prohibited is proceeding without or in excess of jurisdiction; it is preventive, rather than remedial, cannot take the place of an appeal nor undo that which has been done. Appeal ? Supreme Court will not Review Moot Questions. 2. The supreme court on appeal will not pass on moot questions. Cities and Towns ? Prohibition to Prevent Enactment of Ordinance ? Dismissal of Proceeding by District Court ? Appeal After Enactment of Ordinance ? Dismissal of Appeal as Presenting Moot Question. 3. A city taxpayer by writ of prohibition sought to prevent the mayor and city council from enacting an ordinance granting a natural gas franchise. After hearing on the merits the district court dismissed the proceedings. Three weeks thereafter the ordinance was enacted and approved by the mayor. About two months later the plaintiff perfected his appeal from the judgment. Held, on motion to dismiss the appeal, that under the circumstances, even if the judgment were reversed, the writ cannot undo what defendants had a right to do after dismissal of the proceeding; that the question thus had become moot and the appeal must be dismissed.

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State Ex Rel. Hauswirth v. Beadle Et Al. (Supreme Court of Montana) Book Reviews 2024

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