Dalton v. Calhoun Cnty. Dist. Court

• Decision Date: 19 February 1914
• Citation: 145 N.W. 498,164 Iowa 187
• Parties: DALTON ET AL. v. CALHOUN COUNTY DIST. COURT ET AL.
• Court: Iowa Supreme Court

164 Iowa 187

145 N.W. 498

DALTON ET AL.

v.CALHOUN COUNTY DIST. COURT ET AL.

Supreme Court of Iowa.

Feb. 19, 1914.

Appeal from District Court, Calhoun County; F. M. Powers, Judge.

Proceeding in certiorari. Affirmed.John W. Jacobs, of Lake City, and Healy, Burnquist & Thomas, of Ft. Dodge, for plaintiffs.

M. W. Frick, of Rockwell City, and Casper Schenk, of Des Moines, for defendants.

WITHROW, J.

I. The plaintiffs in this proceeding are the defendants in a civil action for libel brought by T. D. Long in the district court of Calhoun county. The alleged libel consisted in the publication in the Manson Democrat of certain matter concerning the plaintiff which is alleged to be defamatory and untrue. In his answer, J. F. Dalton admitted his ownership of the “Democrat,” and also the publication of the article which is the basis of the action, but says that it was written by his codefendant, J. B. Walton. The latter in his answer admitted that he wrote and caused to be published in the “Democrat” the article of which complaint is made, and that it was true. He pleads that the statements and averments in the alleged libelous article was legitimate reply to charges, accusations, and assaults made against Walton by Long in the columns of the Manson Journal, a newspaper owned and published by T. D. Long. He pleads that he has not in his possession nor under his control the articles referred to, but states that they appeared in various issues of the Manson Journal, and will be found in the files of that paper. The answers were filed during the May, 1913, term of court. We need not further notice the pleadings, excepting as one averment of the petition, and statements in the answers have bearing upon the question raised in this proceeding. During the May term of the court the defendants in the main action filed a petition under the statute for the production of books and papers, in which they asked that the plaintiff, Long, be required to produce in court for the purpose of examination by the defendants all copies and files of the Manson Journal for the several years in which Walton complains there appeared unjust attacks against him. Prayer was also made for the production of the books and records showing the names of the subscribers to the Manson Journal from and after March 6, 1912. To this petition resistance was filed by T. D. Long, many grounds of objection being stated. At the same term of court Long filed a petition for the production of books and papers, praying an order requiring the defendants in the libel suit to produce all books, memoranda, or papers showing the mailing or subscription list of the “Democrat” on March 6, 1912, “to be inspected or copied by plaintiff or his attorneys,” and stating from such lists he expected to show the general circulation of the alleged libelous article in nearly every state in the Union, to Senators and Representatives in Congress, to prominent men in Iowa, and to public libraries and reading rooms. Service of notice of such application was accepted by the attorneys for Walton and Dalton. On May 13, 1913, the trial court ruled upon several motions, objections, and applications which had been filed in the case, and also entered an order requiring the plaintiff to produce the copies and files of the Manson Journal for the years 1910, 1911, 1912, and 1913. October 20, 1913, an order was entered requiring the defendants to produce for the inspection of the plaintiff the subscription or mailing list of the “Democrat.” The petitions on the part of each were so comprehensive in their desires that had they been granted in full each of the publishers would have secured detailed information of his rival's business; but the trial court in its rulings limited the inspection to that which we have stated. Upon such order being entered, following the last ruling the defendants in the main action sued out of this court on October 28, 1913, a writ of certiorari to which the presiding judge made full return on November 3d, pending hearing on which the cause below was continued, granting to plaintiff 30 days to plead to amended and substituted answers which were filed during the October term.

II. The particular manner in which it is alleged that the trial court exceeded its jurisdiction in entering the order of which complaint is made are stated as follows: (1) That no issue was tendered warranting the sustaining of the petition for the reason that complainant Dalton in resistance to the petition admitted every allegation of fact intended to be shown by the mailing list. (2) That such order is illegal because before it may be granted the opposite party must be permitted to show cause why it should not be granted. (3) That it was not shown that the mailing list of the Manson Democrat was material in making out the cause of action. (4) That its effect was to put into the hands of a rival the business secrets of complainant. (5) That it invades the constitutional rights of the complainant, in that he is exempt from unreasonable seizures and searches, and is entitled to be secure in his property. (6) That the order was not based upon any proper showing or proceeding. (7) That the provisions of the statute do not warrant such an order nor confer upon the court jurisdiction to make it.

III. In the original petition it is charged that John F. Dalton is the owner, editor, and publisher of the Manson Democrat; “said periodical having an extensive general circulation in said county, throughout the state of Iowa and elsewhere.” The answer of Walton admits that the “Democrat” is a newspaper of general circulation published in Manson. That of Dalton admits ownership of “The Democrat,” a weekly newspaper having a general circulation in Calhoun county and elsewhere in the state of Iowa.” In the petition of Long for production of books and papers, be avers “he expects to prove by said mailing list that the libel complained of was sent to persons in nearly every state of the Union, to Senators and Representatives in Congress, to men prominent in Iowa political and social circles, to various public and college libraries and reading rooms, to business men with whom plaintiff had business, to hundreds of personal acquaintances, and thousands of others. Plaintiff expects to show by said list that he has been humiliated and defamed publicly and privately in the eyes of men and women whose good opinion he values because of their position in financial, social, political, and religious circles, and that said defamation in some of said instances has been filed away as a permanent record for all future time.” In their objections to granting the petition the defendants admitted the circulation and distribution of the publication as broadly as is above pleaded. From such record it is claimed that upon the particular question thus presented there was no issue, and that in requiring the production of proof to establish that which was not in dispute the trial court exceeded its jurisdiction and acted illegally. Keeping in mind the rule that the remedy by certiorari is not to correct errors committed by a court having jurisdiction of the parties and of the subject-matter, but only to inquire into cases where it is alleged the inferior tribunal has exceeded its proper jurisdiction or has acted illegally, we must ascertain under this record whether that which is the subject of complaint in this division of the opinion was an error of the trial court acting within its power, or was illegal or in excess of its jurisdiction.

[1] IV. Preliminary to this question we give attention to the objection of defendants as to our right to consider the case. It is claimed that this proceeding is not properly in this court, and cannot be heard, for the reason that, where a stay of proceeding is demanded under a writ of certiorari, a notice of...