Legal Opinion

State ex rel. Stengl v. Cary

Wisconsin Supreme Court

Decided June 20, 1907PublishedCited by 5 opinions

OeetioRARI to review a decision of tbe State Superintendent of Public Instruction. A writ of certiorari was issued August 21, 1906, under tbe original jurisdiction of tbis court to tbe Honorable G. P. Cary, state superintendent of public instruction, requiring tbe said state superintendent to return tbe papers, files, and decision in tbe matter of the creation of school district No. I of the town of Ackley, Langlade county, Wisconsin, upon errors assigned in said writ as…

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OeetioRARI to review a decision of tbe State Superintendent of Public Instruction. A writ of certiorari was issued August 21, 1906, under tbe original jurisdiction of tbis court to tbe Honorable G. P. Cary, state superintendent of public instruction, requiring tbe said state superintendent to return tbe papers, files, and decision in tbe matter of the creation of school district No. I of the town of Ackley, Langlade county, Wisconsin, upon errors assigned in said writ as follows: “(1) That there was no notice, either written or verbal, given or served by the clerks of said school districts…

1Opinion of the CourtTimxiN, J.

This is not a case for the original jurisdiction of this court. The rules governing the exercise of that jurisdiction will be found in In re Court of Honor, 109 Wis. 625, 85 N. W. 497. But the writ having been issued and return made and no objection taken to the jurisdiction of this court by either party, and the case having been argued and submitted upon the questions arising on said writ and return, this court exercises a discretion to entertain the *505cause. State ex rel. Foster v. Graham, 60 Wis. 395, 19 N. W. 359. Future cases of tbis kind will be for tbe circuit court.

Sec. 418, Stats.…

2Cases cited14 opinions

  1. Allen v. AllenWisconsin Supreme Court · 1902
  2. Iverslie v. SpauldingWisconsin Supreme Court · 1873
  3. Mooney v. DavisMichigan Supreme Court · 1889
  4. State ex rel. Foster v. GrahamWisconsin Supreme Court · 1884
  5. In re Court of Honor of IllinoisWisconsin Supreme Court · 1901

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Home Bank v. BeckerWisconsin Supreme Court · 1970
  2. School District No. 88 v. MorganWashington Supreme Court · 1928
  3. State ex rel. Hebert v. CarlsonWisconsin Supreme Court · 1912
  4. State ex rel. Schuette v. CaryWisconsin Supreme Court · 1910
  5. State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912

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