Fagg v. Parker
Supreme Court of Iowa
Appeal from Hardin District Court. ' Plaintiff was summoned before the defendant Parker, (a justice of the peace) as garnishee at the suit of Eastman against Rutenbur.
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Appeal from Hardin District Court. ' Plaintiff was summoned before the defendant Parker, (a justice of the peace) as garnishee at the suit of Eastman against Rutenbur. Judgment was rendered against him February 6th, 1860. On the 7th of May, 1860, this garnishee filed, in the District Court, his petition for a writ of certiorari against said justice of the peace to certify up said proceedings, upon the ground that he had no other plain, speedy and adequate remedy afforded by law to correct the errors and injustice of which he complains. The writ was refused and plaintiff appeals. relied upon…
1Opinion of the CourtWright, J.
The substance of petitioner’s complaint is, that after making his answers as garnishee, he loft the jusr ticc’s, regarding it impossible that he would render judgment against him upon the showing made; that he was taken entirely by surprise when he learned that judgment had been rendered; that he did not learn this until it was too late to appeal or prosecute a writ of error; and that the matters stated in his answer did not warrant or justify such judgment.
It is no part of the office of the writ of certiorari to correct every alleged error of judgment in judicial .tribunals, which parties…
2Cited by10 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- State v. SchmidtzSupreme Court of Iowa · 1885
- Goeppinger v. Boards of SupervisorsSupreme Court of Iowa · 1915
- Parenti v. District CourtSupreme Court of Iowa · 1924
- Tuttle v. HutchisonSupreme Court of Iowa · 1915
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