Legal Opinion

State ex rel. McKenzie v. Brown

Wisconsin Supreme Court

Decided July 13, 1921PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Polk county: W. R. Foley, Circuit Judge. Certiorari. It was proposed to incorporate a union free high school, the boundaries of which should include territory lying partly in the towns of Eureka, St. Croix Falls, and Balsam Lake, and including the village of Centuria. The petitioners proceeded under the provisions of sec. 40.47, Stats.

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Appeal from a judgment of the circuit court for Polk county: W. R. Foley, Circuit Judge. Certiorari. It was proposed to incorporate a union free high school, the boundaries of which should include territory lying partly in the towns of Eureka, St. Croix Falls, and Balsam Lake, and including the village of Centuria. The petitioners proceeded under the provisions of sec. 40.47, Stats. An election was held and the result of the election certified to the state superintendent, who issued the certificate provided for in sub. (6) of sec. 40.47. The writ of certiorari was taken to review the…

1Opinion of the Court

The following opinion was filed April 20, 1921:

Rosen berry, J.

The provisions of the law relating to the establishment of union free high schools (sec. 40.47, Stats.) leave much to be desired in the way of definiteness, completeness, and unity. In the view which we take of this matter it is not necessary to set out the entire statute nor to refer to the many inconsistencies therein which were urged upon us on the oral argument as well as in the briefs.

It is the contention, of the defendants that the writ should be quashed for the reason that it is misdirected, in that the *501state superintendent…

2Cases cited5 opinions

  1. State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
  2. State ex rel. Bidgood v. Supervisors of CliftonWisconsin Supreme Court · 1902
  3. Gauld v. Board of Supervisors of San FranciscoCalifornia Supreme Court · 1898
  4. Mayor of Newark v. FordyceSupreme Court of New Jersey · 1916
  5. State ex rel. Schuette v. CaryWisconsin Supreme Court · 1910

3Cited by4 opinions

  1. State Ex Rel. Czapiewski v. Milwaukee City Service CommissionWisconsin Supreme Court · 1972
  2. State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003
  3. Oak Park School District No. 2 v. CallahanWisconsin Supreme Court · 1944
  4. State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003

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