Timonds v. Hunter
Supreme Court of Iowa
Certiorari from Wapello District Court. — Hon. Francis M. Hunter, Judge. Certiorari proceeding brought in this court to test the legality of the action of the district court of Wapello County (the defendant judge presiding) in the case of Goudy v. Timonds pending in such court.
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Certiorari from Wapello District Court. — Hon. Francis M. Hunter, Judge. Certiorari proceeding brought in this court to test the legality of the action of the district court of Wapello County (the defendant judge presiding) in the case of Goudy v. Timonds pending in such court. The alleged illegality complained of 'is that the defendant judge denied the petitioner herein (defendant in that case) the right of trial by jury and refused to call the jury in such case upon the petitioner’s demand therefor and compelled a hearing of the case before the court without a jury.
1DissentDeemer, C. J.
Certiorari will not lie unless it be alleged and shown that the tribunal has exceeded its proper jurisdiction or otherwise acted illegally; and it must also appear that there is no other plain, speedy and adequate remedy. Code Sec. 4154. It will never lie to correct an error, but is only to test the jurisdiction of the tribunal and the legality of its acts. State v. Roney, 37 Iowa 30.
Where a party has the right of appeal, he cannot, as a *611rule, proceed by certiorari. Ransom v. Cummins, 66 Iowa 137; State v. Schmidtz, 65 Iowa 556. Therefore when a court, in the exercise of its jurisdiction,…
2Cases cited22 opinions
- Tiedt v. CarstensenSupreme Court of Iowa · 1883
- U. S. Standard Voting Machine Co. v. HobsonSupreme Court of Iowa · 1906
- Wise v. ChaneySupreme Court of Iowa · 1885
- Iowa Eclectic Medical College Ass'n v. SchraderSupreme Court of Iowa · 1893
- Iowa Loan & Trust Co. v. District CourtSupreme Court of Iowa · 1910
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