City of Webster City v. Draheim

McGIVERIN, Justice.

The question presented in this certiorari action is whether defendant district court judge acted illegally and in excess of his jurisdiction, on an appeal from a part-time magistrate’s judgment in a case involving alleged violation of a city ordinance, by refusing to proceed with trial de novo and instead ordering the case remanded for retrial before a different magistrate. We believe the order was entered without authority and sustain the writ.

City of Webster City is plaintiff in this certiorari action.

On June 8, 1978, City filed a criminal action against Abbas Habhab,…