Fractional School Dist. No. 1, of Owosso v. Joint Board of School Inspectors of Owosso
| Decision Date | 10 April 1873 |
| Citation | 27 Mich. 3 |
| Court | Michigan Supreme Court |
| Parties | Fractional School District No. 1, of Owosso, etc., v. the Joint Board of School Inspectors of Owosso, Sciota, Bennington and Middlebury |
Heard April 10, 1873
Certiorari to the Board of School Inspectors of Owosso, etc.
This writ was brought to reverse the action of town boards in creating a fractional school district out of old districts. The action was taken in November, 1871, and the certiorari was sued out in February, 1873.
Certiorari dismissed.
Hugh McCurdy, for plaintiff in certiorari.
Gould & Lyon, for respondents.
The court held that after the lapse of such a time it can fairly be presumed that the district has been organized in fact, officers elected, and expenses incurred. The court will not, at this late day, review the proceedings on certiorari, to which the district or its officers would not be parties; but if any one desires to contest the legality of the organization, he must proceed by quo warranto against the district or its officers.
Certiorari dismissed.
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