City of Huron v. Campbell

Citations

• 3 S.D. 309
• 53 N.W. 182
• 1892 S.D. LEXIS 75

Syllabus

<p>1. The clause In article 5, section 2, of the constitution of this state, providing that the supreme court “shall have a general superintending control over all inferior courts, under such rules and regulations as shall be prescribed by law,” materially enlarges the ordinary appellate jurisdiction conferred upon reviewing courts.</p> <p>2. This added power authorizes this court, by writ of mandamus, to control and correct the proceedings of an inferior court in a case where the action complained of exceeds the jurisdictional powers of such court, or there has been a manifest abuse of discretion, and where the case is urgent, and an appeal will not afford an adequate remedy, and the circumstances of the case are such as to require an immediate review of the proceedings.</p> <p>3. The power of this court to issue the writ of mandamus to correct the proceedings of an inferior court in a proper ease necessarily includes the power to review the proceedings of such court, and to determine whether or not the case is a proper one for the exercise of the authority vested in this court.</p> <p>4. It is one of the fundamental rules of law that the judicial power cannot interfere with the legitimate discretion of any other department of the government so long as it does no illegal act, and conducts its business within the limits of the powers conferred upon it and committed to its exercise, and when in the exercise of its powers it is not chargeable with an abuse of discretion.</p> <p>5. A city council is a part of the legislative power of the state within a limited district, and, within the sphere of the powers delegated to it, it has absolute control in matters so delegated to it, in the absence of fraud or a manifest abuse of such power.</p> <p>6. When such city council proceeds, or attempts to proceed, in a manner not authorized by its charter, or abuses its discretion or exceeds its powers, a court of competent jurisdiction, in a proper case, is authorized to arrest the