Page:North Dakota Reports (vol. 48).pdf/455

 JOHN LYNCH, L. M. BYRNE and W. H. BROWN, Petitioners, v. THE DISTRICT COURT OF WARD COUNY, NORTH DAKOTA, the HON. JOHN C. LOWE, Judge thereof, and E. F. TUEPKER, Respondents.

Prohibition-lies only when inferior court or body has no jurisdiction, or is about to act in excess of jurisdiction

A writ of prohibition is nɔt a process for the correction of errors. Such writ lies only when there is no jurisdiction in the inferior court or body or when the inferior court or body is about to act in excess of jurisdiction.

Original application to the Supreme Court for the issuance of a writ of prohibition.

Writ denied.

Fisk, Murphy & Nash, for petitioners.

Funke & Eide, for respondents.

, J. This is an application for a writ of prohibition to the district judge of Ward county to restrain him from proceeding under a writ of certiorari by him issued to the respondents. The petitioners are the police magistrate and police officers of the city of Minot. On May 16. 1921, a stranger named J. W. Baker made before the magistrate an affidavit:

"That stolen property. to wit, a Buick car, is present upon the following described premises: Lots 17 and 18 of block 21 in Brooklyn addition to the city of Minot-that the keeper of said stolen property is to this affiant unknown."

The affidavit does not state that Baker knows anything of the car. its ownership, its value, or that he has any interest in the matter. However, the magistrate issued a warrant "to search the above-described