State ex rel. Dox v. County Judge of Johnson County
Supreme Court of Iowa
Appeal from Johnson District Court. The relator appeals from the order of the court below overruling his motion to amend and enlarge the peremptory writ of mandamus to correspond with the judgment, and to issue a new writ, entered at the April Term, 1860. He also appeals from an order made at the June Term, 1860, overruling his demurrer to the return of the county treasurer to the said writ. The questions involved sufficiently appear from the opinion.
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Appeal from Johnson District Court. The relator appeals from the order of the court below overruling his motion to amend and enlarge the peremptory writ of mandamus to correspond with the judgment, and to issue a new writ, entered at the April Term, 1860. He also appeals from an order made at the June Term, 1860, overruling his demurrer to the return of the county treasurer to the said writ. The questions involved sufficiently appear from the opinion. I. An amendment to a writ of mandamus will be allowed in all cases where it will promote justice. Tapp. Mand. 834. II. The object of the…
1Opinion of the CourtWeight, J.
I. For many reasons we think the court did not err in overruling the motion to amend the writ.
In the first place, the motion was entirely too general. It does not point out wherein the writ differed from the judgment, to which it is asked to have it correspond. The attention of the court was not by the motion called to any defects or discrepancy, and it might, therefore, be properly disregarded.
In the second place, the writ does correspond with the judgment. It is true that the judgment does not follow what is asked for in the information, nor does the command agree with the matter of…
2Cases cited4 opinions
- Chance v. TempleSupreme Court of Iowa · 1855
- Ring v. County of JohnsonSupreme Court of Iowa · 1858
- State ex rel. Dox v. Board of Equalization of Johnson CountySupreme Court of Iowa · 1859
- State ex rel. Rice v. SmithSupreme Court of Iowa · 1859
3Cited by7 opinions
- Texas Mexican Railway Co. v. JarvisTexas Supreme Court · 1891
- People v. SalomonIllinois Supreme Court · 1870
- Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
- Laflin v. State ex rel. GrayNebraska Supreme Court · 1896
- People ex rel. Dunbar v. HivelySupreme Court of Colorado · 1959
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