O'Hare v. Hempstead
Supreme Court of Iowa
Appeal from Dubuque District Court. Certiorari. — The record shows that in April, 1863,' the petitioner, as administrator of the estate of Edward O’Hare, made her final report and settlement; at which time Mary A. Strain, one of the heirs, appeared, and after an examination, an order was made by the county judge in relation to said report, and the rights and interests of the heirs in said estate! From this order the said Máry A. appealed-to the District Court, but…
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Appeal from Dubuque District Court. Certiorari. — The record shows that in April, 1863,' the petitioner, as administrator of the estate of Edward O’Hare, made her final report and settlement; at which time Mary A. Strain, one of the heirs, appeared, and after an examination, an order was made by the county judge in relation to said report, and the rights and interests of the heirs in said estate! From this order the said Máry A. appealed-to the District Court, but afterwards, plaintiff having made her settlement as guardian, and the matters of which the said Mary complained, being then adj…
1Opinion of the CourtWright, J.
1. ceetiotoEcounty appeal, —In refusing the writ, the court below did not err. The statute provides that the writ may be granted whenever specially authorized by law, and especially in all cases where an inferior tribunal, &c., exercising judicial functions, is alleged , to have exceeded its proper jurisdiction, or is otherwise acting illegally, when, in the judgment of the court appealed to for the writ, there is no other plain, speedy and adequate remedy. Rev., § 3487.
There is no pretense that this case is one of those where the writ is “specially authorized by law.” Nor is it, of course,…
2Cases cited5 opinions
- Edgar v. GreerSupreme Court of Iowa · 1862
- Fagg v. ParkerSupreme Court of Iowa · 1860
- Runner v. City of KeokukSupreme Court of Iowa · 1861
- State v. WilsonSupreme Court of Iowa · 1861
- Hoare v. HarrisIllinois Supreme Court · 1852
3Cited by4 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Berkey v. ThompsonSupreme Court of Iowa · 1905
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
- Royce v. JenneySupreme Court of Iowa · 1879