Hamman v. Van Wagenen
Supreme Court of Iowa
Certiorari to the defendant, as judge of the district court in and for the fourth judicial district. The defendant was the presiding judge at the March term of the district court in and for Monona county in the year 1894, at which term there was pending an action for divorce of Maria Hamman, plaintiff herein, against Henry Hamman; and during said term, and on the twenty-sixth of March, a decree was entered in said case, awarding to the plaintiff a divorce, and making such a…
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Certiorari to the defendant, as judge of the district court in and for the fourth judicial district. The defendant was the presiding judge at the March term of the district court in and for Monona county in the year 1894, at which term there was pending an action for divorce of Maria Hamman, plaintiff herein, against Henry Hamman; and during said term, and on the twenty-sixth of March, a decree was entered in said case, awarding to the plaintiff a divorce, and making such a disposition of the property found to have been accumulated by both of the parties that the defendant therein was awarded…
1Opinion of the CourtGranger, J.
Certiorari is a proper remedy where an inferior tribunal, or officer exercising judicial functions, is alleged to have exceeded his proper jurisdiction, when, in the judgment of the superior court, there is no other plain, speedy, and adequate remedy. Code, section 3216. The petition brings this case within the provisions of the statute by the averments of fact showing the action of the defendant in directing a modification of the decree to be without jurisdiction. The record before us is a showing that the modification. of the decree entered April 6, 1894, was simply a letter *401from the judge,…
2Cited by6 opinions
- Franklin v. BonnerSupreme Court of Iowa · 1926
- Blachly v. BlachlySupreme Court of Iowa · 1915
- Whitlock v. WadeSupreme Court of Iowa · 1902
- Huger v. HugerMichigan Supreme Court · 1945
- Phoenix Insurance of Hartford v. FullerSupreme Court of Iowa · 1933
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