126 Iowa 111 | Iowa | 1904
In an action in equity instituted in the district court of Pottawattamie county, at Avoca, by James Corse against George N. Ferguson, the plaintiff in this proceeding, an application was made to have Ferguson required to appear for examination under oath as to whether he had taken from certain ’ real estate personal property which formed a part of the same, and appropriated it to his own use, said real estate having previously been found by decree
The facts above set out are made to appear by return to the writ of certiorari sued out in this court, and the ques
In this auxiliary proceeding the court properly took notice of the records of the prior proceeding in the case, and it was quite unnecessary to introduce such records in’ evidence. Jorden v. Circuit Court of Wapello County, 69 Iowa, 177.
We reach the conclusion, therefore, that Judge Wheeler, holding a term of the district court of Pottawattamie county, did not, in entering the order of punishment for contempt, exceed his proper jurisdiction or otherwise act illegally. Plaintiff’s action is therefore dismissed.