182 Iowa 1249 | Iowa | 1918
The contention for the appellant is that .there was no jurisdiction in the district court of Muscatine County to review or annul the orders of the district court of Cedar County. If the case could be made to turn upon this legal proposition, the position of the appellant would be quite unassailable. We have no argument for the appellee. Looking to a proper analysis of the situation, we inquire first, What was the nature and extent of the power or jurisdiction of the Cedar County district court over the body of Louthera Kiser in Muscatine County? Manifestly, it was the jurisdiction conferred upon it by the pendency therein of the damage suits against I. N. Kiser. For the purpose of these pending suits, the jurisdiction of the court was coextensive with the state. Upon a proper showing, therefore, it may be assumed, for our present discussion, that it was competent for such court to order an autopsy, as a condition to the prosecution of such pending suits; that is to say, its utmost power was, not to order an autopsy in a peremptory sense, but to lay it as a condition to the
II. The hearing in the trial court was on a motion to dissolve the temporary injunction. This motion was denied, and from such order of denial, this appeal has been taken. Manifestly, the nature of the case is such that its purpose would be wholly defeated unless a temporary injunction should issue. If, therefore, there are any ultimate merits to be tried in the main case, it is eminently proper that the status quo should be maintained, as far as possible.