Moede v. County of Stearns

Upon certiorari, the district court reviewed and quashed the proceedings of the board of county commissioners in forming a new school-district, and from this action of the court the board appeals. The respondent moves to dismiss the appeal on the grounds — -first, that in certiorari an appeal does not lie from the district to the supreme court; and, second, that, in any event, the board of commissioners have no such right. The first ground is not urged in the brief, and is clearly not well taken; for if certiorari be not a “civil action, ” within the meaning of the statute, it certainly is a…