State ex rel. Taylor v. McKinny
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Barron county: Feabk A. Boss, Circuit Judge. The relator, in due form, sued out a writ of certiorari to test the validity of an order of the town board of the town of Parrón, in Barron county, Wisconsin, changing tbe boundaries of a school district. Due return was made of all proceedings of record upon which such order was based.
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Appeal from a judgment of the circuit court for Barron county: Feabk A. Boss, Circuit Judge. The relator, in due form, sued out a writ of certiorari to test the validity of an order of the town board of the town of Parrón, in Barron county, Wisconsin, changing tbe boundaries of a school district. Due return was made of all proceedings of record upon which such order was based. The decision was in favor of the relator for want of proof of record with the town clerk at the time the board acted that the school district clerk, .upon whom notice.of the meeting to consider the-proposed change was…
1Opinion of the CourtMaeshaui, J.
The procedure to legally change the boundaries of a school district is governed by statute. Upon familiar principles, substantial compliance therewith is sufficient. Technical compliance is not required, neither is any requirement to be read out of the statute not plainly found expressed in letter or by necessary inference. The mere fact that, in executing the statute in any given case, the town board does not adopt the best method of giving the persons interested an opportunity to be heard, does not go to its jurisdiction.
Sec. 418 of the Statutes provides as follows:
“Whenever the town board…
2Cited by3 opinions
- State Ex Rel. City of West Allis v. DieringerWisconsin Supreme Court · 1957
- Kittelson v. DettingerWisconsin Supreme Court · 1921
- State ex rel. Hermanson v. CallahanWisconsin Supreme Court · 1923