Scotti v. District Court of Tenth Judicial District
Scotti v. District Court of Tenth Judicial District
Opinion of the Court
This is a petition for a writ of certiorari to be directed to the District Court of the Tenth Judicial District ordering said court to certify for our inspection its record relating to an action, entitled “Piemont Winery v. G. M. Scotti,” to the end that so much of said record as may be found to be illegal may be quashed. The writ of certiorari was issued as prayed for, and said record has been certified to-us.
It appears from an inspection of said record that the original writ of summons in said .case was duly entered in said district court July 19, 1918, answered by the defendant, and continued. The case was thereafter continued -nisi until November 19, 1919, when the attorneys for the parties signed an agreement stating that the case be assigned for trial December 2,1919. The record also shows that December 2, 1919, the case was “Submitted on oral statement of fact—continued to Dec. 16, 1919 for decision, briefs to be filed Dec. 9, 1919. Dec. 16, 1919, decision for plff for *557 $178.44 debt 3.50 costs. L. J. Tuck Justice.” Among the papers in the case is a translation of the contract between 'the.parties, and a brief filed December 9, 1919, in behalf of the defendant Scotti, in which he claimed that the contract was illegal because it required him to engage in an unlawful business in this State.
The district court having jurisdiction of the case, and the attorneys for the parties orally agreeing, in open court, on a statement of facts sufficient to enable the court to apply the law as it determined it to be, the action of the district court in rendering its decision in said case on the day appointed, was legal. If the defendant was aggrieved by this decision he had the privilege of claiming a jury trial within two days after the decision was made. As the extraordinary writ of certiorari does not lie where the law has expressly provided such a simple, clear and complete remedy for the aggrieved party, as in this case, the writ of certiorari is dismissed, and the record and papers in the case, entitled Piemont Winery v. G. M. Scotti, sent to us by said district court are remitted to said court.
Reference
- Full Case Name
- G. M. Scotti v. District Court of Tenth Judicial District.
- Cited By
- 1 case
- Status
- Published