167 Iowa 431 | Iowa | 1914
I. A petition or statement of consent for the sale of intoxicating liquor in the city of Des Moines was in December, 1913, held by the board of supervisors of Polk county to be sufficient. Thereafter on December 26, 1913, a general denial of the- sufficiency of the petition of consent was
The motion to advance the cause for trial in the January term was overruled, and thereafter on the 11th day of February the appellant, Jewett, filed a motion to have the cause set - down for hearing on February 26th, and, if such could not be done, that it.be assigned for trial during the following term of court to commenee March 2, 1914. This motion also was overruled, and such rulings are made the basis of the writ of certiorari upon which the cause is now before this court.
The return made by the trial judge to the writ of certiorari states that at the beginning of the January term there
II. The petition for the writ prays that order be issued directing the defendant to proceed to the hearing of the ease at some time during the March, 1914, term of the district court, and for such other and further orders as to the court may seem proper in the premises. While we might with full propriety and support in the law hold that, as that term had passed prior to the submission of the cause to this court, the question now presented is only a moot one, we prefer to give to the ease the broader considerations, which are urged by counsel in argument.
The trial court had jurisdiction of the case. Code, section 4154, authorizes the issuance of a writ of certiorari in all cases when an inferior tribunal is alleged to have exceeded its proper jurisdiction, or is otherwise acting illegally, and there is no other plain, speedy, and adequate remedy. There being no mandatory duty to assign the cause for trial in precedence of other pending causes, it is not an unwarranted statement, from the record, that in what it did the trial judge exercised a discretion. This, as is well settled by many authorities, is not a subject of review in a certiorari proceeding. Butterfield v. Treichler, 113 Iowa, 328; Polk County v. Des Moines, 70 Iowa, 351; Tiedt v. Carstensen, 61 Iowa, 334; Smith v. Board, 30 Iowa, 531.
This court has held, in Savings & Trust Co. v. District Court, 121 Iowa, 1, that there can be no legislative limitation of this power; and that when an inferior tribunal proceeds in the exercise of a new jurisdiction created by statute, in such
But as we read the record in this case it does not permit the application of that rule. The trial court in the exercise of its jurisdiction and of a discretion whch we cannot say was abused declined to advance the cause. The appellee in resistance to the motion to advance consented to an assignment if- made for June, when the business of the court and the absence of the jury would permit a trial without displacing pending business. While this would not govern the trial judge in the ruling it had the right to consider it in connection with the knowledge it had of. the state of business in the court. It does not appear to us to be an arbitrary or unwarranted exercise of power. The record is to the contrary; and, in the absence of legislative action requiring eases of this nature to be heard forthwith upon the perfection of the appeal, there was no error. We do not hold that a delay-in the trial of such an appeal arbitrary in character and apparently made for the purpose of preventing a speedy determination of the issue may not be thus reviewed and controlled; but the record in this case does not present such a situation.
The writ is — Dismissed.