In re Lantis
Michigan Supreme Court
Certiorari to tbe Jackson Circuit Court. Proceedings having been had in Jackson county, under “An Act to provide for the draining of swamps, marshes and other lowlands,” approved February 17, 1857 (Comp, L. p. 444) the report of the commissioners was filed in the Circuit Court, and by that court confirmed September 26, 1859. Martin Lantis and others appeared in the Circuit Court and opposed the confirmation of the report, and on August 23, 1860, sued out a writ of certiorari…
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Certiorari to tbe Jackson Circuit Court. Proceedings having been had in Jackson county, under “An Act to provide for the draining of swamps, marshes and other lowlands,” approved February 17, 1857 (Comp, L. p. 444) the report of the commissioners was filed in the Circuit Court, and by that court confirmed September 26, 1859. Martin Lantis and others appeared in the Circuit Court and opposed the confirmation of the report, and on August 23, 1860, sued out a writ of certiorari to remove the proceedings into this court. Some of the errors assigned on this writ are of a jurisdictional character —…
1Opinion of the Court
Manning J.:
The motion to quash the writ must be granted. No certiorari is given by the statute authorizing the proceedings of the commissioners, and at common law the writ is not one of right, but rests in the sound discretion of the court, to be allowed or not, as may best promote the ends of justice: — The People v. Supervisors of Allegany, 15 Wend. 198; 2 Hill, 9. The report of the commissioners was confirmed on the 26th September, 1859, and the writ was not sued out by the relators until the 23d August, 1860, eleven months thereafter. They appeared and opposed the confirmation of the…
2Cases cited1 opinion
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
3Cited by18 opinions
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union DistrictIllinois Supreme Court · 1878
- Byars v. Town of BoazSupreme Court of Alabama · 1934
- Farrell v. TaylorMichigan Supreme Court · 1863
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
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