Davis County v. Horn

Opinion hy

Creen®, J.

In July, 1849, the commissioners of Navis county allowed the school-fund commissioner a sum stated, for his services, to be paid out of the school fund. To correct this proceeding, Hosea B. Horn, a third party in no way connected with the proceeding, sued out a writ of certiorari and had the case certified to the district court, where the decision, so far as it affected the school fund, was reversed. The question is raised : Was the-writ of certiorari authorized ?

We agree with the court below, that the district courts may at common law issue units • of certiorari to have…