Groves v. Richmond
Supreme Court of Iowa
Appeal from Emmet District Oowrt. The plaintiffs filed their petition in the court below praying for a writ of certiorari, directed to the defendants, who are members of the board of supervisors of Emmet county, requiring them to certify up certain proceedings taken by said board in relation to the removal of the county seat of said county, that said proceedings might be annulled, upon the ground that said board acted illegally in ordering an election upon the question of…
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Appeal from Emmet District Oowrt. The plaintiffs filed their petition in the court below praying for a writ of certiorari, directed to the defendants, who are members of the board of supervisors of Emmet county, requiring them to certify up certain proceedings taken by said board in relation to the removal of the county seat of said county, that said proceedings might be annulled, upon the ground that said board acted illegally in ordering an election upon the question of the removal of the county seat at a time not authorized by law, and further acted illegally in erasing names of legal…
1Opinion of the CourtRotiirock, J.
1 Scfcourt: certioran. In Keniston v. Hewitt, 48 Iowa, 679, it was determined that the District Court has no jurisdiction in certiorari in civil cases, and that such jurisdicUon is exclusive in the Circuit Court. The decisjon jn that case had not been published when this cause was determined in the court below, and jurisdiction was entertained without objection, and no objection is made in this court.
2. appeal. "We have held in all cases where it appears that there is a want of jurisdiction in the court below, or where the ruling made is in excess of the authority or j>ower of the court, that…
2Cases cited1 opinion
- Keniston v. HewittSupreme Court of Iowa · 1878
3Cited by16 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State ex rel. Perine v. Van BeekSupreme Court of Iowa · 1893
- McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
- Yockey v. Woodbury CountySupreme Court of Iowa · 1906
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