Ainsworth v. House

Supreme Court of Iowa

Ainsworth v. House

31 Iowa 504

DecidedJune 13, 1871

StatusPublished

This text of 31 Iowa 504 (Ainsworth v. House) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ainsworth v. House, 31 Iowa 504 (iowa 1871).

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Opinion

Miller, J.

— It was held by this court, in the case of Thompson v. Reed, 29 Iowa, 117, and Hunt v. Free, [505]*505id. 156, that the circuit court has no jurisdiction to issue the writ of certiorari; that the “proceeding” is “special,” and not a “ civil action,” and that the act creating tbe circuit court bad not conferred jurisdiction upon tbat court to issue this writ. According to tbe bolding in those cases, it follows tbat tbe circuit court erred in overruling tbe motion to dismiss on tbat ground. As tbe judgment must be reversed and tbe proceeding dismissed, for this reason we need not notice tbe other errors assigned.

Revérsed.

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Miller, J.

— It was held by this court, in the case of Thompson v. Reed, 29 Iowa, 117, and Hunt v. Free, [505]*505id. 156, that the circuit court has no jurisdiction to issue the writ of certiorari; that the “proceeding” is “special,” and not a “ civil action,” and that the act creating tbe circuit court bad not conferred jurisdiction upon tbat court to issue this writ. According to tbe bolding in those cases, it follows tbat tbe circuit court erred in overruling tbe motion to dismiss on tbat ground. As tbe judgment must be reversed and tbe proceeding dismissed, for this reason we need not notice tbe other errors assigned.

Revérsed.

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Bluebook (online)

31 Iowa 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ainsworth-v-house-iowa-1871.

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