Lemont v. County of Dodge

• Decision Date: 13 November 1888
• Citation: 40 N.W. 359,39 Minn. 385
• Parties: Edward Lemont v. County of Dodge
• Court: Minnesota Supreme Court

40 N.W. 359

39 Minn. 385

Edward Lemont v. County of Dodge

Supreme Court of Minnesota

November 13, 1888

Certiorari, on the petition of Edward Lemont.

Writ quashed.

C. B. Palmer, for petitioner.

Samuel Lord, for respondent.

OPINION

Mitchell, J.

It is sought by this writ to review the proceedings of the county commissioners of Dodge county in forming a new school-district. The action of the commissioners in the premises was purely legislative, and in no sense judicial, and therefore not reviewable by certiorari. In re Wilson, 32 Minn. 145, (19 N.W. 723.) Unless we are prepared to assume a general supervision over all municipal corporations, boards, commissions, and public officers in the state, this writ must be confined to its legitimate office, which is to review proceedings judicial in their nature, which affect the citizen in his rights of person or property.

Writ quashed.