Independent School District v. District Court
Supreme Court of Iowa
This is a petition for a writ of certiorari to the Dubuque District Court, in which it is alleged the said court has exceeded its jurisdiction, and ordered that to be done for which there is no authority in law.
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This is a petition for a writ of certiorari to the Dubuque District Court, in which it is alleged the said court has exceeded its jurisdiction, and ordered that to be done for which there is no authority in law. The facts averred in the petition are in substance as follows ■: Henry Kennedy was the holder of a certain school order issued by the district township of Julien, November 8, 1873. After the issuance of the order the district township of Julien, under the provisions of the statute, was reorganized into the following independent districts, to-wit: Derby-Grange, Stone Hill, Oakville,…
1Opinion of the Court
Rothrock, Ch. J.
The Code, § 3216, provides that “the writ of certiorari may be granted whenever specially authorized by law, and especially in all cases where an inferior tribunal, board or officer, exercising judicial functions, is alleged to have exceeded his proper jurisdiction, or is otherwise acting illegally, when in the judgment of the superior court there is no other plain, speedy, and adequate remedy.”
It was held in the case of the Knoxville National Bank v. The Independent District of Washington, 40 Iowa, 612, where a school order was issued by a district township for the services…
2Cases cited3 opinions
- Fagg v. ParkerSupreme Court of Iowa · 1860
- Knoxville National Bank v. Independent District of WashingtonSupreme Court of Iowa · 1875
- Davis County v. HornSupreme Court of Iowa · 1853
3Cited by4 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
- Sunberg v. District Court of Linn Co.Supreme Court of Iowa · 1883
- Smith v. TimNew York Court of Common Pleas · 1884