Edgar v. Greer
Supreme Court of Iowa
Certiorari to the District Court of Hardin County. • This writ brings before tbis court tbe proceedings of tbe court below after the reversal of tbe cause, as reported in 7 Iowa, 189. Upon tbis reversal a procedendo issued and tbe cause was again regularly docketed in tbe District Court. Tbe defendant, after tbis, filed an answer denying tbe cause of action, and claiming of tbe plaintiff tbe sum of one thousand dollars by way of cross-claim or set-off.
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Certiorari to the District Court of Hardin County. • This writ brings before tbis court tbe proceedings of tbe court below after the reversal of tbe cause, as reported in 7 Iowa, 189. Upon tbis reversal a procedendo issued and tbe cause was again regularly docketed in tbe District Court. Tbe defendant, after tbis, filed an answer denying tbe cause of action, and claiming of tbe plaintiff tbe sum of one thousand dollars by way of cross-claim or set-off. After tbis answer was filed, tbe record shows that tbe plaintiff appealed by bis attorney, E. W. Eastman, and dismissed bis action, whereupon…
1Opinion of the CourtBaldwin, C. J.
The writ of certiorari is granted in all cases where an inferior tribunal, board or officer, is alleged to have exceeded its proper- jurisdiction, or is otherwise acting illegally, when, in the judgment of the court applied to for the writ, there .is no other.plain, speedy, and adequate remedy.
It is claimed by the defendant that the District Court, after the reversal of the cause in this court still had jurisdiction and authority to r'ender the judgment it did, from the fact that the procedendo issued and the cause was again docketed for trial, and that the plaintiff appeared thereafter and…
2Cited by10 opinions
- Smith v. Board of SupervisorsSupreme Court of Iowa · 1870
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Berkey v. ThompsonSupreme Court of Iowa · 1905
- Bragg v. BoydTennessee Supreme Court · 1952
- O'Hare v. HempsteadSupreme Court of Iowa · 1866
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