183 Iowa 1118 | Iowa | 1918
T. • The defendant herein challenges the right of the plaintiff herein to maintain this certiorari proceeding, because she had plain, speedy, and adequate remedy by appeal. The plaintiff’s abstract does not specifically disclose what particular question is presented to us for review. No reference is made therein-to the writ of certiorari, nor to the affidavit in support thereof, nor to the particular grounds upon which the issue of the writ was ’demanded. All this is left to inference. That the plaintiff had a right
Unless it can be said, therefore, that the order of correction by the district court was without jurisdiction, in the sense that it was wholly void, and therefore subject to attack by any procedure, collateral or • otherwise, the remedy for its review was by appeal, and not by certiorari. We proceed, therefore, to the question of jurisdiction.
In the Dowling case, we said:
“The time within which a record may be corrected is not limited by the above statute, and only laches or equitable coxxsideratioxxs will obviate the remedy provided.”
In the Lambert case, we said:
“The right of the court to correct an evident xxxi stake in the record is inherent. It is not forbidden by the statute, nor affected by the mere lapse of time. The cox’rectioxx asked in this case is in the nature of a nunc pro tunc entry. It in no sexxse qxxalifies the former action of the coxxrt, but causes such former action of the court.to appear correctly upon the record, according to the very truth as it ivas at that time.”
It will be seen, therefore, that the court did have jurisdiction of the subject-matter of such application for a correction. Though it err in making the correction, its jurisdiction would not be affected thereby.