Weiderholt v. Lisbon Special School District No. 19
North Dakota Supreme Court
Appeal from District Court of Ransom County, Alien> J. Plaintiffs appeal. It is no reason why certiorari will not lie in such cases because there may he matters outside the record of which complaint is made. Re Dance, 2 N. D. 184, 33 Am. St. Rep. 768, 49 N. W. 733; Oode Oiv. Proc. art. 2, chap. 34; Oomp. 1887, §§ 5507 to 5516; Comp. Laws, 1913, §§ 8448, 8451; Requisites of Writ; 6 Cyc. 827, 830; Stnmpf v. San Louis Obispo County (Cal.) 82 Am.
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Appeal from District Court of Ransom County, Alien> J. Plaintiffs appeal. It is no reason why certiorari will not lie in such cases because there may he matters outside the record of which complaint is made. Re Dance, 2 N. D. 184, 33 Am. St. Rep. 768, 49 N. W. 733; Oode Oiv. Proc. art. 2, chap. 34; Oomp. 1887, §§ 5507 to 5516; Comp. Laws, 1913, §§ 8448, 8451; Requisites of Writ; 6 Cyc. 827, 830; Stnmpf v. San Louis Obispo County (Cal.) 82 Am. St., Rep. 350. The evidence may be exercised to determine the jurisdiction of the inferior court or tribunal. 6 Cye. 806, 807, 827, 830; People v.…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order entered in the district court of Hansom county, sustaining a demurrer to the complaint. The action was brought for the purpose of enjoining the defendants from asserting any jurisdiction over certain territory that had been annexed to the defendant school district, or from levying upon or carrying forward upon the books of the defendant district any taxes for the benefit of the district or certifying the same to the county auditor. Judgment was also asked against the school district for an amount paid in taxes during the year preceding the bringing of the…
2Cases cited5 opinions
- State ex rel. Hammond v. DimondNebraska Supreme Court · 1895
- People ex rel. Cooney v. City of PeoriaIllinois Supreme Court · 1897
- People ex rel. Huck v. Trustees of the Estate of NewberryIllinois Supreme Court · 1877
- State ex rel. Loy v. MoteNebraska Supreme Court · 1896
- In re the Application of EvingsonNorth Dakota Supreme Court · 1891
3Cited by3 opinions
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- State ex rel. Mayo v. Thursby-Butte Special School District No. 37North Dakota Supreme Court · 1920
- Weiderholt v. Lisbon Special School District No. 19North Dakota Supreme Court · 1920