Sergio v. Utterback

This is a certiorari to the judgment of the district court of Iowa in and for Polk County, Hubert Utterback, judge. The primary proposition relied upon by petitioner is that the trial court was without jurisdiction to enter without notice a nunc pro tunc order, presently noted, subsequently to the issuance of the writ of certiorari by this court, and to amend the return to the writ to show said order.

The historical sequence of facts is as follows: On the 29th day of May, 1925, a decree was entered in the district court of Iowa in and for Polk County, enjoining and restraining the petitioner…