Legal Opinion

Keniston v. Hewitt

Supreme Court of Iowa

Decided June 13, 1878PublishedCited by 4 opinions

Appeal from Montgomery District Court. The plaintiff, upon application, caused to be issued from the District Court of Montgomery county a writ of certiorari, directed to the defendants, for the purpose of testing the legality of their proceedings in relation to the alteration of- a public road, to which the defendants made answer and return.

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Appeal from Montgomery District Court. The plaintiff, upon application, caused to be issued from the District Court of Montgomery county a writ of certiorari, directed to the defendants, for the purpose of testing the legality of their proceedings in relation to the alteration of- a public road, to which the defendants made answer and return. Afterward they filed a motion asking the court to dismiss the action, upon the ground, among others, that only the Circuit Court has jurisdiction in the supervision of inferior courts, tribunals and officers, in civil matters, to correct and prevent…

1Opinion of the Court

Adams, I.

1. Jurisdiction court.oironit The question in this ease is as to whether the Circuit Court has exclusive jurisdiction in certiorari in civil The defendants claim that a compari °f sections 161 and 162 of the Code will show that it has. The former section provides that the District Court shall have general supervision over all inferior courts and officers in criminal matters, to prevent and correct abuses where no other remedy is provided; and the latter section provides that the Circuit Court shall have general supervision of all inferior courts and officers in civil matters, to…

2Cited by4 opinions

  1. Groves v. RichmondSupreme Court of Iowa · 1880
  2. Belknap v. BelknapSupreme Court of Iowa · 1912
  3. Groves v. RichmondSupreme Court of Iowa · 1881
  4. Sayles v. DeluhreySupreme Court of Iowa · 1884

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