Legal Opinion

Lemont v. County of Dodge

Supreme Court of Minnesota

Decided November 13, 1888PublishedCited by 6 opinions

Certiorari, on the petition of Edward Lemont.

1Opinion of the CourtMitchell, J.

It is sought by this writ to review the proceeding? of the county commissioners of Dodge county in forming a new school-district. The action of the commissioners in the premises was purely legislative, and in no sense judicial, and therefore not reviewable by certiorari. In re Wilson, 32 Minn. 145, (19 N. W. Rep. 723.) Unless we are prepared to assume a general supervision over all municipal corporations, boards, commissions, and public officers in the state, this writ must be confined to its legitimate office, which is to review proceedings judicial in their nature, which affect the citizen…

2Cases cited1 opinion

  1. In re WilsonSupreme Court of Minnesota · 1884

3Cited by6 opinions

  1. Moede v. County of StearnsSupreme Court of Minnesota · 1890
  2. State ex rel. Hardy v. CloughSupreme Court of Minnesota · 1896
  3. State Ex Rel. Huntley School District No. 4 JT. v. SchweickhardSupreme Court of Minnesota · 1951
  4. State ex rel. School District No. 44 v. County BoardSupreme Court of Minnesota · 1914
  5. Christlieb v. County of HennepinSupreme Court of Minnesota · 1889

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