Wilmot Union High School District v. Rothwell

The appeal to defendant state superintendent by the 22 aggrieved electors of the area sought to be attached was taken fifty-seven days after the denial of the petition by the municipal boards and seventy-six days after the filing of such petition. The issue before us is whether the appeal to defendant was taken within the time prescribed by statute for taking such an appeal. If the appeal to defendant was not timely taken, defendant had no jurisdiction and the order he entered is void.

Sub. (3) (a) of sec. 40.06, Stats., is the controlling statute which prescribes the time within which appeals…