State ex rel. Claver v. Broute

Bronson, Oh. J.

(dissenting). I most earnestly dissent. The parties on this appeal stipulated that the only question for the supreme court to pass upon is the constitutionality of the statute. Appellant in its brief specifically waived the question of the validity of the proceedings to disconnect the respondent’s land. Nevertheless, the majority opinion refuses to discuss the merits. It reverses the decision of the trial court upon a' technical procedural ground that certiorari is not the appropriate remedy. In so doing it violates well settled rules of pro*762cedure and reverses tlie trial court…