Heitman v. Morgan

Citations

• 10 Idaho 562
• 79 P. 225
• 1905 Ida. LEXIS 4

Syllabus

<p>Jury Panel — Quashing Order and Discharging Panel-Jurisdiction — How Acquired — Excess or Jurisdiction — Remedy by Cer-tiorari.</p> <p>1. Where no appeal has been taken from an order of the hoard of county commissioners in selecting and listing names of persons to serve for the year as jurors under sections 3947 and 3948, Devised Statutes, and no direct attack has been made on grounds of fraud in the selection, the district court is without jurisdiction to quash a panel and discharge a jury on motion of the prosecuting attorney of the county where such motion is not made in any ease pending and no litigant is complaining, and neither the commissioners nor the county represented by them are made parties to the proceeding.</p> <p>(Syllabus by the court — Stockslager, C. J., dissenting.)</p> <p>2. Eor the correction of the improper exercise of such excessive jurisdiction, the writ of certiorari, and not mandamus, affords the proper relief.</p> <p>(Syllabus by the court — Sullivan, J., dissenting.)</p>