State v. Wilson
Supreme Court of Iowa
Appeal from Wapello District Court. A complaint was filed against the defendant, in the county court, charging him with being the father of a bastard child. On the trial, which ivas in June, 1860, he offered himself as a witness, and his evidence ivas refused. He then applied to the District Court, by petition for a writ of certiorari, to correct this alleged error in rejecting his testimony. The writ was refused, and he now appeals.
1Opinion of the CourtWright, J.
It is urged that the remedy of the party was by appeal from the judgment of the county court, and not by certiorari. And this is the first question demanding our attention.
*425The general provision of the statute is, that an appeal is allowed from all decisions of the county court, on the merits of any matter affecting the right, or interest of individuals, including an intermediate order involving the merits, and necessarily affecting the decree or decision, (§ 131). And then § 853, referring to this class of cases, declares that if on appeal the judgment below be sustained, (being against the…
2Cited by2 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- O'Hare v. HempsteadSupreme Court of Iowa · 1866