Groves v. Richmond
Supreme Court of Iowa
Appeal from Palo Alto Circuit Court. This is' a proceeding by certiorari, directed to the defendants, who are members of the board of supervisors of Emmet county. The cause has twice before been in this court. See 53 Iowa, 510; 56 Iowa, 69. Upon the cause being remanded by procedendo, after the second appeal, the plaintiffs made application for a change of venue, which was granted, and the cause was sent to Hancock District Court.
Read the full summary
Appeal from Palo Alto Circuit Court. This is' a proceeding by certiorari, directed to the defendants, who are members of the board of supervisors of Emmet county. The cause has twice before been in this court. See 53 Iowa, 510; 56 Iowa, 69. Upon the cause being remanded by procedendo, after the second appeal, the plaintiffs made application for a change of venue, which was granted, and the cause was sent to Hancock District Court. Erom tbe order of tbe Circuit Court of Palo Alto county changing tbe venue of tbe cause, defendants appeal.
1Opinion of the CourtBeck, J.
1. JURISDICTION : appeal: practice. -"We bave held that no appeal can be taken from an order granting a change of venue. Allerton v. Eldrige, 56 Iowa, 709. As an appeal in such case is unauthorized, this court acquires no jurisdiction and cauge remains in tbe court below.
■ This objection to tbe consideration of this case is not made by counsel, but as it involves' tbe jurisdiction of this court, we cannot disregard it, because of failure of tbe parties to call our attention to it, and determine tbe questions discussed by counsel. "When it is discovered that we bave no jurisdiction of a cause,…
2Cases cited1 opinion
- Allerton v. EldridgeSupreme Court of Iowa · 1881
3Cited by11 opinions
- City Council of Marion v. National Loan & Investment Co.Supreme Court of Iowa · 1904
- Barry v. Black Hawk County District CourtSupreme Court of Iowa · 1914
- Whedon v. Lancaster CountyNebraska Supreme Court · 1906
- Eby v. PhippsSupreme Court of Iowa · 1939
- J. W. Edgerly & Co. v. Stewart & HunterSupreme Court of Iowa · 1892
6 more not listed; retrieve them via the Exa API.