Legal Opinion · Concurrence

Rohwer v. District Court of First Judicial District

Utah Supreme Court

Decided May 11, 1912No. 2283Published

Certiorari by Annie C. Rohwer to the District Court of the First Judicial District; Hon. W. W. Maughan, Judge,, presiding, and otters. Writ quashed AND proceediNg- dismissed.

1ConcurrenceStraup, J.

(concurring.)

I concur in the result dismissing the proceeding for the reason that it is not made to appear that the district court acted beyond or in excess of jurisdiction, or did not regularly pursue its authority; and for the further reason that there was a plain, speedy, and adequate remedy by appeal. Our statute provides that the writ of certiorcm may be granted “when the inferior tribunal, etc., exercising judicial functions has exceeded the jurisdiction of such tribunal, etc., and there is no appeal, nor, in the judgment of the court or judge, any plain, speedy, or adequate remedy.” It…

2Cases cited7 opinions

  1. Bent's Administrator v. St. VrainSupreme Court of Missouri · 1860
  2. Butler v. Elyton Land Co.Supreme Court of Alabama · 1887
  3. Croan v. Phelps' Adm'rCourt of Appeals of Kentucky · 1893
  4. Keeler v. DawsonMichigan Supreme Court · 1889
  5. McCully v. WarrickNew Jersey Superior Court Appellate Division · 1900

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