Kounce v. City of Des Moines

I. Section 12459 requires a petition in certiorari to state facts constituting a case wherein the writ may issue..

Section 12460, Code 1939, reads:

‘ ‘ 12460 Discretion as to notice. The court or judge, before issuing the writ, may require notice of the application to be given the adverse party, or may grant it without.”

The writ was issued without notice to defendants. After the issuance of a writ, a demurrer will not lie and in moving to quash the writ defendants adopted the proper procedure. Fehrman v. Sioux City, 216 Iowa 286, 249 N. W. 200.

II. The remaining issue presented on this appeal is…