Callanan v. Lewis
Supreme Court of Iowa
Certiorari to Monona District Court. — Hon. O. H. Lewis, Judge. Proceeding by certiorari to determine tke legality of defendant’s action, as judge of the district court in and for the county of Monona, in granting a new trial in a certain action.
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Certiorari to Monona District Court. — Hon. O. H. Lewis, Judge. Proceeding by certiorari to determine tke legality of defendant’s action, as judge of the district court in and for the county of Monona, in granting a new trial in a certain action. The plaintiffs filed their petition in the district court of Monona county against L. M. and W. O. Carmichael, defendants, wherein they alleged that they were owners of certain lands described; that defendants claimed some interest therein by virtue of a tax deed; that said deed was null and void, for numerous reasons stated in the petition, among…
1Opinion of the CourtGiven, J.
I. It is claimed on behalf of the plaintiffs that their action against Carmichaels was under section 893, Code; and that the defendant exceeded his jurisdiction, and proceeded illegally, in sustaining the ' motion of Tillson to set aside the decree, and for a new trial, because no notice thereof was given to the plaintiffs. It is claimed on behalf of the defendants that said action was under chapter 2, title 20, Code, and the motion under section 3268, contained in said chapter, and under which no notice is required. It is not questioned but that, if the action was under section 893, notice…
2Cases cited4 opinions
- Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
- Bowers v. HallockSupreme Court of Iowa · 1887
- County of Buena Vista v. I. F. & S. C. R. Co.Supreme Court of Iowa · 1878
- Long v. SmithSupreme Court of Iowa · 1885
3Cited by9 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- U. S. Standard Voting Machine Co. v. HobsonSupreme Court of Iowa · 1906
- Des Moines Union Railway Co. v. District CourtSupreme Court of Iowa · 1915
- Commonwealth v. HazlettSuperior Court of Pennsylvania · 1900
- Barry v. Black Hawk County District CourtSupreme Court of Iowa · 1914
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