CASES ARGUED AND DECIDED AT THE JULY TERM, 1841.

PRINTED FOR THE USE OF THE LEGISLATURE.

BY WM. J. A. BRADFORD,
Reporter to the Supreme Court.

IOWA CITY:

PRINTED BY VAN ANTWERP & HUGHES.

1841.

JUDGES OF THE SUPREME COURT AT THE TIME OF MAKING THESE DECISIONS.

Hardman vs. Chamberlain,

Helmich vs. Johnson,

Hendershott use of Redman and Eberman, Sater et al. vs.

Henson, Settle vs.

Holmes vs. Wright,

Hudson vs. Mathews et al.

47

39

11

38

41

39

36

47

38

5

16

30

37

21

5

33

28

13

41

8

23

21

11

45

36

Pierson vs. Steortz.

Porter et al. vs. Moffatt,

Sater et al. vs. Hendershott use of Redman and Eberman,

DECISIONS

OF THE

SUPREME COURT OF 10WA.

John H. Helmich vs. Adam Johnson.

The writ of certiorari is a common law writ; and the District Courts of
this Territory possess a common law jurisdiction, and a supervisory
control over all the inferior jurisdictions within the Territory.
In the absence of any statute giving such authority, the District Courts,
upon proper application, can direct writs of certiorari to be awarded
to bring before such courts causes pending before Justices of the

Peace.

A Justice of the Peace has no authority to set aside the verdict of a Jury. Those parts of the statute of January 21, 1839, sections 2 and 3, article 9, which refer to applications to set aside judgments, apply merely to judgments by default, and not to judgments rendered upon the verdict of a jury.

July, 1841.

THIS was a trial of the right of property under the Stat. Jan. 21, 1839, before Wm. Griffy, Justice of the Peace, in which Helmich was claimant against Johnson. The jury in the Justice's court found for the plaintiff, the Justice granted a new trial, and the case was brought up to the Dis