Legal Opinion

State ex rel. Mayo v. Thursby-Butte Special School District No. 37

North Dakota Supreme Court

Decided June 22, 1920PublishedCited by 10 opinions

Appeal from District Court, McHenry County, Burr, J. Section 8445. A writ of certiorari shall be granted by the supreme and district courts when inferior courts, officers, board, or tribunals have exceeded their jurisdiction, and there is no appeal, nor, in the judgment of the court, any other plain, speedy, and adequate remedy, and also when in the judgment of the court it is deemed necessary to prevent a miscarriage of justice.

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Appeal from District Court, McHenry County, Burr, J. Section 8445. A writ of certiorari shall be granted by the supreme and district courts when inferior courts, officers, board, or tribunals have exceeded their jurisdiction, and there is no appeal, nor, in the judgment of the court, any other plain, speedy, and adequate remedy, and also when in the judgment of the court it is deemed necessary to prevent a miscarriage of justice. The questions for consideration are simply these: Have they jurisdiction and have they proceeded according to law in the exercise thereof ? State ex rel. Johnson v.…

1Opinion of the CourtBirdzexx, J.

This is an appeal from a judgment entered in the district court of McHenry county in a certiorari proceeding. It was instituted by electors and taxpayers of Maryland school district No. 144 of Ward county for the purpose of obtaining a review of certain proceedings had by the school board of Thursby-Butte special school district No. 37 in McHenry county, by which the latter attempted to attach certain of the territory of the first-mentioned district. The proceedings complained of were originated by the presentation to the defendant district of a petition for annexation, and at a meeting held…

2Cases cited3 opinions

  1. State ex rel. Johnson v. ClarkNorth Dakota Supreme Court · 1911
  2. Weiderholt v. Lisbon Special School District No. 19North Dakota Supreme Court · 1918
  3. Morrissey v. BlaskyNorth Dakota Supreme Court · 1912

3Cited by10 opinions

  1. Baker v. LenhartNorth Dakota Supreme Court · 1922
  2. Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
  3. State Ex Rel. Craig v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1925
  4. Wilkinson v. County Board of EducationSupreme Court of Iowa · 1960
  5. Bishop v. Depositors' Guaranty Fund CommissionNorth Dakota Supreme Court · 1927

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