Iske v. City of Newton
Supreme Court of Iowa
Appeal from, Jasper Circuit Cou/rt. The plaintiff upon application obtained from tbe Circuit Court an order for tbe issuance of a writ of certiorari, to test tbe validity of a eity ordinance, and also to restrain tbe enforcement of the ordinance. From these orders the defendant appeals.
1Opinion of the Court
Adams, Oír. J.
i. practice : certiorari: appeal. I. The first question presented is as to whether an appeal lies from the orders in question, or either of them. The statute providing; for an appeal in . ... . ■ „ , an action oí cerUoran is section 3223 oi the Code, which is in these words: “ The action shall be prosecuted by ordinary proceedings as far as possible, and from tbe decision of the District or Circuit Court an appeal lies as in other ordinary actions.” lias there in the case at bar been a decision witbin tbe meaning of the statute? If so an appeal lies, and otherwise not.
If there…
2Cited by4 opinions
- Polk County v. District CourtSupreme Court of Iowa · 1907
- Collins v. City of KeokukSupreme Court of Iowa · 1899
- Wilson v. RemleySupreme Court of Iowa · 1898
- Keely v. Board of SupervisorsSupreme Court of Iowa · 1913