Page:North Dakota Reports (vol. 3).pdf/86

 at all is in doubt. Unless the motion was submitted to him for decision on September 12th, or September 2ist, it could not be submitted at all. After September 21st, no continuance of the motion having been made, and it not having been then or at any previous time submitted, it ceased to be a pending motion. There being no motion before the judge, he has no duty to perform with respect to it, and the alternative writ should therefore be quashed. Many interesting and difficult questions were discussed on the argument, but the conclusion we have reached renders any decision upon them unnecessary. Under the circumstances, whatever we might say touching them would be only obiter. The writ was issued under §§ 86, 87, of the state constitution, vesting in this court, superintending control over all inferior courts, and giving it power to issue such original and remedial writs as may be necessary to the proper exercise of its jurisdiction. The alternative writ must be quashed, and the proceeding dismissed. All concur.

(53 N. W. Rep. 433-)