State ex rel. Foster v. Graham
Wisconsin Supreme Court
CEETIOEAEI to the State Superintendent. The case is stated in the opinion. to the point that the recital in the order of the town boards, that they “ met pursuant to notice given as provided by law,” was not prima faeie evidence that the requisite notices were given, and that there was no presumption of jurisdiction, cited: Williams v. Holmes, 2 "Wis., 129; Sibley v. Waffle, 16 N. Y., 189; Bridge v. Bracken, 3 Pin., 76; Blackwell on Tax Titles, 72, 73; People v. Brooklyn, 21…
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CEETIOEAEI to the State Superintendent. The case is stated in the opinion. to the point that the recital in the order of the town boards, that they “ met pursuant to notice given as provided by law,” was not prima faeie evidence that the requisite notices were given, and that there was no presumption of jurisdiction, cited: Williams v. Holmes, 2 "Wis., 129; Sibley v. Waffle, 16 N. Y., 189; Bridge v. Bracken, 3 Pin., 76; Blackwell on Tax Titles, 72, 73; People v. Brooklyn, 21 Barb., 484; People ew rel. v. Smith, 7 Hun, 17. contended, inter alia, that the court had no jurisdiction to review the…
1Opinion of the CourtConn, C. J.
This is a common law writ of certiorari issued by this court to review a decision of the state superintendent, aiSrming certain orders of the town boards of Salem and Brighton, in Kenosha county, which changed the boundaries of school districts in those towns. After the return was made, the attorney general, on behalf of the state superintendent, moved to quash the writ on the ground that it does not lie to review a decision of the state superintendent. The argument on this point is that the state superintendent is an officer created by the constitution, and that instrument declares that he…
2Cases cited3 opinions
- State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
- Williams v. MitchellWisconsin Supreme Court · 1880
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
3Cited by18 opinions
- School District No. 3 of Adams v. CallahanWisconsin Supreme Court · 1941
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- State ex rel. School District No. 1 of Waukesha v. ThayerWisconsin Supreme Court · 1889
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- The People v. BainIllinois Supreme Court · 1934
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