Legal Opinion

Fractional School District No. 1 v. Joint Board of School Inspectors

Michigan Supreme Court

Decided April 10, 1873PublishedCited by 26 opinions

Certiorari to the Board of School Inspectors of Owosso, etc. This writ was brought to reverse the action of town hoards in creating a fractional school district out of old districts. The action was taken in November, 1871, and the certiorari was sued out in February, 1873,

1Opinion of the Court

The Court

held that after the lapse of such a time it

can fairly be presumed that the district has been organized in faet, officers elected, and expenses incurred. The court will not, at this late day, review the proceedings on certiorari, to which the district or its officers would not he parties; but if any one desires to contest the legality of the organization, he must proceed by quo warranto against the district or its officers.

Certiorari dismissed.

2Cited by26 opinions

  1. Shepherd v. San Jacinto Junior College DistrictTexas Supreme Court · 1962
  2. Stuart v. School District No. 1Michigan Supreme Court · 1874
  3. National Life Ins. Co. of Montpelier v. Board of EducationCourt of Appeals for the Eighth Circuit · 1894
  4. Gildemeister v. LindsayMichigan Supreme Court · 1920
  5. Stockle v. SilsbeeMichigan Supreme Court · 1879

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