Page:Dakota Territory Reports Vol 4.djvu/324

 on any one of them, in any action in said district court wherein the persons named as plaintiffs in said complaint, or any of them, were plaintiffs, "and that no summons in any such action has ever been served on any one of these relators, or upon said Rowley, or said Hermance;" that the relators had no notice or knowledge of the execution of such order for about 10 days after the execution thereof, and that at once, upon learning of the execution thereof, they employed counsel, who, on March 31, 1886, moved said court at chambers^ at the city of Bismarck, to dismiss said order; that said attorneys appeared specially for the purpose of such motion, and the same was based upon affidavits setting forth the facts hereinbefore stated; that thereupon the said court made an order requiring the persons named as plaintiffs in said complaint to show cause at Jamestown, on April 3d, why said order should not be dismissed; that on said third day of April the relators appeared by their attorneys specially, and moved the court to dismiss the order of March 20th, for the reason that the same was* in excess of jurisdiction; and the court overruled the motion. Other allegations follow respecting the character of the property affected by the order, and the supposed effect of the receivership. Subjoined to the affidavit is one made by two of the attorneys for the relators, stating, each for himself, that he knows the contents of "the foregoing affidavit, and that the same is true 1o the best of his knowledge, information, and belief."

Upon these affidavits the chief justice and Associate Justice (to whom the same was aftewardsafterwards [sic] presented) granted, without notice to the other parties interested, a writ of certiorari addressed to the district court of the Sixth judicial district, and to Hon., judge thereof, which, after reciting several of the allegations of the affidavits, commands the defendants to certify to the supreme court "a transcript of the record and proceedings in the action aforesaid, with all things touching the same, as fully," etc.; and in the meantime staying further proceedings under said order.

Among other recitals in said writ is the following, which