State ex rel. Wischstadt v. Olson
Supreme Court of Minnesota
Appeal by Christ Oleson, Christ Johnson and Hans E. Paulson, supervisors of the Town of Prairieville, from a judgment of the District Court of Brown County, B. F. Webber, J., entered December 10, 1892, reversing,' on certiorari, their order laying out a highway.
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Appeal by Christ Oleson, Christ Johnson and Hans E. Paulson, supervisors of the Town of Prairieville, from a judgment of the District Court of Brown County, B. F. Webber, J., entered December 10, 1892, reversing,' on certiorari, their order laying out a highway. On November 15, 1892, Frederick Wirschstadt presented to the District Court his relation on oath, stating that said supervisors on October 28, 1892, made and filed in the office of the Town Clerk of the Town of Prairieville, an order laying out a highway over his land in that town and awarding to him $25 damages. He attached to the…
1Opinion of the CourtBuck, J.
When a petition is presented to a court for the issuance of a writ of certiorari, it should disclose a proper case upon its face. Russell v. Pickering, 17 Ill. 31; Lees v. Childs, 17 Mass. 351.
The law seems to be well settled that ordinarily a writ of certiorari will not be issued where the party may have adequate relief against the grievance of which he complains, and it should not be allowed or issued when there is a remedy by appeal, or some other mode of review *213is given by law. State ex rel. v. Hanft, 32 Minn. 403, (23 N. W. 308;) Fall v. Moore, 45 Minn. 517, (48 N. W. 404.)
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2Cases cited6 opinions
- Gorman v. Supervisors of the Town of St. MarySupreme Court of Minnesota · 1874
- Russell v. PickeringIllinois Supreme Court · 1855
- Fall v. MooreSupreme Court of Minnesota · 1891
- Fall v. MooreSupreme Court of Minnesota · 1891
- State ex rel. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. HanftSupreme Court of Minnesota · 1884
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3Cited by5 opinions
- State ex rel. Scheffer & Rossum Co. v. KaneSupreme Court of Minnesota · 1919
- Chicago & Alton Railroad v. St. Paul German Fire Ins.Supreme Court of Minnesota · 1894
- Mark R. Zweber v. Credit River TownshipSupreme Court of Minnesota · 2016
- Mark R. Zweber v. Credit River TownshipSupreme Court of Minnesota · 2016
- State ex rel. Sauntry-Cain Co. v. Town of Twin LakesSupreme Court of Minnesota · 1901