Legal Opinion

Dunham v. State

Supreme Court of Iowa

Decided June 19, 1858PublishedCited by 31 opinions

Certiorari to the Des Moines District Court. The plaintiff in error is the editor and proprietor of “ Tbe Daily Hawkeye,” a newspaper published in the city of Burlington, in this State. In November, 1857, one Abrahams was tried and convicted of a criminal offence, before the Hon. Thomas W. Claggett, judge of the first judicial district, and then holding court in said city.

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Certiorari to the Des Moines District Court. The plaintiff in error is the editor and proprietor of “ Tbe Daily Hawkeye,” a newspaper published in the city of Burlington, in this State. In November, 1857, one Abrahams was tried and convicted of a criminal offence, before the Hon. Thomas W. Claggett, judge of the first judicial district, and then holding court in said city. Of this trial and conviction, the said Dunham published the following article in his said paper: “In the malicious prosecution pending against J. E. Abrahams, under the rulings of the court, he was convicted of leasing his…

1Opinion of the CourtWright, C. J.

— This case was first brought to this court by appeal. A motion was made to dismiss, for the reason that certiorari, and not appeal, was the proper process. This motion was sustained for the reasons following: Under the Code, the only mode of reviewing a judgment or order in a criminal action, is by a writ of error, as prescribed in chapter 184. By chapter 251 of the Laws of 1857, 412, the right to appeal is given in all criminal cases where judgment may be rendered in any of the district courts of the State, by complying with the provisions of said chapter. The 1606 section of the Code,…

2Cases cited1 opinion

  1. First Congregational Church v. City of MuscatineSupreme Court of Iowa · 1855

3Cited by31 opinions

  1. State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
  2. State v. Frew & HartWest Virginia Supreme Court · 1884
  3. Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
  4. Ex Parte McCownSupreme Court of North Carolina · 1905
  5. Cheadle v. StateIndiana Supreme Court · 1887

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