94 Iowa 399 | Iowa | 1895
Certiorari is a proper remedy where an inferior tribunal, or officer exercising judicial functions, is alleged to have exceeded his proper jurisdiction, when, in the judgment of the superior court, there is no other plain, speedy, and adequate remedy. Code, section 3216. The petition brings this case within the provisions of the statute by the averments of fact showing the action of the defendant in directing a modification of the decree to be without jurisdiction. The record before us is a showing that the modification. of the decree entered April 6, 1894, was simply a letter
The record of the district court made April 6,1894, changing or modifying the decree entered March 26, 1894, in the case of this plaintiff against Henry Ham-man, is adjudged a nullity, and the original decree as entered in that case will stand as conclusive as between the parties. — Reversed.