Page:North Dakota Reports (vol. 48).pdf/366

 away from the habit of washing their hands like Pilate and throwing the blame on the jury.

C. C. MARTIN, Appellant, v. N. B. LUDOWESE, Police Magistrate of Williston, North Dakota, Respondent.

Certiorari—will not lie where magistrate is acting within statutory authority and other remedy is available.

1. Where a magistrate is acting within his statutory authority and there exists otherwise a remedy available, a writ of certiorari will not issue.

Appeal from order of District Court, Williams county; Moellring, J, denying a writ of certiorari.

Affirmed.

Fisk and Shafer, for appellant.

An action against Egge for costs without relying on the undertaking given is not a plain, speedy and adequate remedy as contemplated by the statute on certiorari, § 8445, where we were entitled to have the amount determined in a summary manner by arbitration as provided in the Estray Law. Re Enderlin State Bank, 4 N. D. 319; 58 N. W. 514; Leonard v. Peacock, 8 Nev. 157.

Even though Egge is not a party to this proceeding we are entitled to have costs taxed against him by bringing him in with proper notice. § 7793 C. L. 1913 provides for costs in special proceedings; State ex rel Surety Trust Co. v. Probate Court, 69 N. W. 908 (Minn.)}}; Coffey v. Gamble, 94 N. W. 936, Iowa ; Hickman v. Hunter. 140 N. W. 425, Iowa.

Ivan V. Metzger, for respondent.