Grinager v. Town of Norway
Supreme Court of Minnesota
A petition for the laying out of a cart-way through the land of Grinager, was presented to the board of supervisors of the town of Norway, in Fillmore county, which thereupon gave notice that on November 3, 1883, it would meet, personally examine the proposed way, and determine the matter.
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A petition for the laying out of a cart-way through the land of Grinager, was presented to the board of supervisors of the town of Norway, in Fillmore county, which thereupon gave notice that on November 3, 1883, it would meet, personally examine the proposed way, and determine the matter. On November 8th an order reciting, among other things, the meeting and personal examination on the 3d, and laying out and establishing the cart-way, was made and signed by two of the three supervisors. Grinager appealed to a justice of the peace, and the matter was submitted to a jury, which disagreed. No…
1Opinion of the CourtMitchell, J.
We are of opinion that the court below acted under a misapprehension as to the office of a writ of certiorari. In England, the courts, in certain cases, allow the writ at any time, not only as a proceeding in error, but also for the purpose of. bringing a cause into the superior court for trial. Under this practice indictments were frequently removed by this writ from the inferior court into the court of king’s bench; and when the writ was sustained, the court above would commence the trial ele novo, having no regard to the place where the cause left off in the inferior court. 1 Tidd’s Pr.…
2Cases cited4 opinions
- Lynde v. NobleNew York Supreme Court · 1822
- Haines v. BackusNew York Supreme Court · 1830
- People ex rel. Devlin v. PeabodyNew York Supreme Court · 1857
- Devlin v. PlattNew York Court of Common Pleas · 1861
3Cited by4 opinions
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- State Ex Rel. Nordin v. Probate CourtSupreme Court of Minnesota · 1937
- State ex rel. Lawton v. District Court of Ramsey CountySupreme Court of Minnesota · 1890
- Hunt v. City of MontevideoSupreme Court of Minnesota · 1917