14 Iowa 211 | Iowa | 1862
The writ of certiorari is granted in all cases where an inferior tribunal, board or officer, is alleged to have exceeded its proper- jurisdiction, or is otherwise acting illegally, when, in the judgment of the court applied to for the writ, there .is no other.plain, speedy, and adequate remedy.
It is claimed by the defendant that the District Court, after the reversal of the cause in this court still had jurisdiction and authority to r'ender the judgment it did, from the fact that the procedendo issued and the cause was again docketed for trial, and that the plaintiff appeared thereafter and dismissed his suit. A procedendo issues upon the reversal or the remanding of every cause, and the inferior tribunal is thereby instructed to proceed in a manner not inconsistent with the opinion’ of this court. If, from the judgment of this court, it appears that the cause of action no longer exists, or, in other words, there is nothing left upon which the court can act, the cause should be dismissed. While it might be true that the appearance of a party to
Without undertaking therefore, to determine whether the defendant could, after the plaintiff had dismissed his cause of action, come in at a succeeding term of the court, claim a default and judgment upon his answer, and without notice to the plaintiff at the time of such dismissal, that the defendant should insist upon judgment on his cross-claim, we conclude that the opinion as above quoted, settles the question that the court had no power to render the judgment that it did. It exceeded its jurisdiction in so doing, and the plaintiff was entitled to the verdict. The motion of defendant to quash the writ, is therefore overruled, and the judgment of the District Court is set aside and declared void.