Helmich v. Johnson
Supreme Court of Iowa
This was a trial of the right of property under theStat. Jan. 21,1839, before Wm. Griffy, Justice of the Peace, in which Hclmich was claimant against Johnson. The jury in the Justice’s court found for the plaintiff', the Justice granted a new trial, and the case was brought up to the District Court by certiorari. In the District Court the cause was dismissed without a hearing, and was from that court removed to the Supreme Court by writ of error.
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This was a trial of the right of property under theStat. Jan. 21,1839, before Wm. Griffy, Justice of the Peace, in which Hclmich was claimant against Johnson. The jury in the Justice’s court found for the plaintiff', the Justice granted a new trial, and the case was brought up to the District Court by certiorari. In the District Court the cause was dismissed without a hearing, and was from that court removed to the Supreme Court by writ of error. The assignment of error contained two causes of error, to wit: 1. The cause was legally and properly removed to the District Court from said…
1Opinion of the Court
BY THE COURT.
We think that the writ of certiorari is a common law writ, and that the District Courts of this territory possess a common law jurisdiction and a supervisory control over all the inferior jurisdictions within the Territory; that, in the absence of any statute giving such authority, the District Courts, upon proper applications,, can direct writs of certiorari to be awarded, to bring before such courts causes pending before J ustices of the Peace; and that the District Court erred in dismissing the writ, and not examining the record of the magistrate’s proceedings.
It is not…
2Cited by2 opinions
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