Lemont v. County of Dodge

Supreme Court of Minnesota

Lemont v. County of Dodge

40 N.W. 359, 39 Minn. 385, 1888 Minn. LEXIS 133

Supreme Court of Minnesota·Decided November 13, 1888·Published·Cited by 6 cases

Opinion

Mitchell, J.

It is sought by this writ to review the proceeding? of the county commissioners of Dodge county in forming a new school-district. The action of the commissioners in the premises was purely legislative, and in no sense judicial, and therefore not reviewable by certiorari. In re Wilson, 32 Minn. 145, (19 N. W. Rep. 723.) Unless we are prepared to assume a general supervision over all municipal corporations, boards, commissions, and public officers in the state, this writ must be confined to its legitimate office, which is to review proceedings judicial in their nature, which affect the citizen in his rights of person or property.

Writ quashed.

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Mitchell, J.

It is sought by this writ to review the proceeding? of the county commissioners of Dodge county in forming a new school-district. The action of the commissioners in the premises was purely legislative, and in no sense judicial, and therefore not reviewable by certiorari. In re Wilson, 32 Minn. 145, (19 N. W. Rep. 723.) Unless we are prepared to assume a general supervision over all municipal corporations, boards, commissions, and public officers in the state, this writ must be confined to its legitimate office, which is to review proceedings judicial in their nature, which affect the citizen in his rights of person or property.

Writ quashed.

Lemont v. County of Dodge, 40 N.W. 359, 39 Minn. 385, 1888 Minn. LEXIS 133 (Mich. 1888).

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Opinion

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