Legal Opinion

State ex rel. Moreland v. Whitford

Wisconsin Supreme Court

Decided January 10, 1882PublishedCited by 45 opinions

CERTIORARI to tbe state superintendent, to bring up for review bis ■ proceedings upon an appeal from tbe decision of a town board in relation to tbe division of a school district. Tbe case is sufficiently stated in tbe opinion. argued, among other things, that tbe superintendent, in denying to tbe parties a personal bearing on the appeal, exceeded bis jurisdiction.

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CERTIORARI to tbe state superintendent, to bring up for review bis ■ proceedings upon an appeal from tbe decision of a town board in relation to tbe division of a school district. Tbe case is sufficiently stated in tbe opinion. argued, among other things, that tbe superintendent, in denying to tbe parties a personal bearing on the appeal, exceeded bis jurisdiction. R. S., see. 497. Tbe law says be shall bear tbe appeal, and, in order to do so, be must bear, tbe parties and tbe subject matter. Not having done so, bis order reversing tbe order of the town board is void. Joint School District…

1Opinion of the CourtOrton, J.

This is a common-law certiorari to bring before this court the record and proceedings of the defendant in error, as state superintendent having the supervision of public instruction, in deciding upon the question of the division of school district No. 8 of the town of Clarno, in Green county, upon an appeal from the order of the town board of said town making such division. The question first to be dis: posed of is, the true province of the writ addressed to such a quasi judicial tribunal. In ordinary cases, where the writ goes to inferior courts or tribunals, the record only can be inspected…

2Cases cited2 opinions

  1. Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
  2. Joint School District No. 7 v. WolfeWisconsin Supreme Court · 1860

3Cited by45 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. Ekern v. McGovernWisconsin Supreme Court · 1913
  3. School District No. 3 of Adams v. CallahanWisconsin Supreme Court · 1941
  4. Florida Motor Lines, Inc. v. Railroad CommissionersSupreme Court of Florida · 1930
  5. Jacksonville, Tampa & Key West Railway Co. v. BoySupreme Court of Florida · 1894

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