(Download) "State v. Mont. Lvstk. San. Bd." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Mont. Lvstk. San. Bd.
- Author : Supreme Court of Montana
- Release Date : January 06, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ADMINISTRATIVE LAW AND PROCEDURE ? PROHIBITION ? ANIMALS ? WORDS AND PHRASES. 1. Administrative Law and Procedure ? Words and phrases ? "Quasi-judicial functions." "Quasi-judicial functions" are those which lie midway between the - Page 203 judicial and ministerial ones, and when the law in words or by implication commits to any officer the duty of looking into the facts and acting upon them not in a way which it specifically directs but after a discretion in its nature judicial, the function is termed "quasi-judicial." 2. Administrative Law and Procedure ? Words and phrases ? "Ministerial act." A "ministerial act" is one which a person performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority without regard to or the exercise of his own judgment upon the propriety of the act done. 3. Administrative Law and Procedure ? Statute provided ministerial act. Where the statute provided that the testing of cattle for disease was mandatory under the directions of the Livestock Sanitary Board and all that was left to boards discretion was the giving of directions and the statute provided what should be done and under what circumstances, the carrying out of the statute by an order of the board to produce the cattle for testing was a "ministerial function." 4. Prohibition ? District Court without jurisdiction. Where acts of the Livestock Board in directing the production of cattle for testing was ministerial in nature, the District Court was without jurisdiction to control such discretion by writ of prohibition. 5. Prohibition ? No two different writs contemplated. Where the Supreme Court and District Courts were both given the power in qualified terms to issue the writ of prohibition, two different writs were not contemplated. 6. Prohibition ? Prohibition not to restrain ministerial act. A writ of prohibition will not restrain a ministerial executive or administrative function no matter how illegal the act thereunder may be, so long as the tribunal sought to be restrained has jurisdiction of the subject matter in controversy, and a mistaken exercise of such tribunals acknowledged powers, does not justify the issuance of the writ. 7. Prohibition ? Prohibition not to take place of appeal. The writ of prohibition will not be issued as a course nor because it may be the most convenient remedy nor will it be allowed to take the place of an appeal or perform the office of a writ of review. 8. Prohibition ? Statute invalid in part. The statute authorizing the issuance of prohibition, insofar as it purports to authorize the writs involving actions ministerial in nature is invalid. - Page 204
 "State v. Mont. Lvstk. San. Bd." by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}