Johnson v. Swanson

This is an appeal by defendants from a judgment and order denying new trial; the judgment having granted a petition for the exclusion of certain territory from Plighmore independent school district and the formation of a common school district thereof.

It is urged by respondent that this is neither an action nor a special' proceeding and that an appeal to this court does not lie from the determination made by the trial court; that certiorari was the only remedy.

We are of the opinion that this is a special proceed-in'.; (State v. Kieffer, 45 S. D. 288, 187 N. W. 164; Kundert v. City of Madison,…