7 Wash. 27 | Wash. | 1893
The opinion of the court was delivered by
The respondent, who was the county superintendent of schools of Snohomish county, by virtue of the power and authority vested in him by § 784 of the General Statutes, made an order establishing a new school district in said county, known as school district No. 66, and duly certified his proceedings in that matter to the county commissioners of said county. The appellant, conceiving himself injuriously affected by the action of the respondent, applied to the superior court of the county for a writ of certiorari to review the proceedings complained of, alleging, in substance, that the respondent acted therein arbitrarily, wrongfully and without jurisdiction, and that he had no appeal or other adequate remedy save that of certiorari. The writ prayed for was issued, but was subsequently quashed on motion of the respondent.
In the case last cited the question was presented whether the record of the proceedings of the school trustees in redistricting the township could be reviewed by writ of certiorari in the circuit court when the statute provided for an appeal in such cases to the county superintendent of schools, and the court held that it could not. That case also sustains the doctrine announced in many other cases that might be cited, that even where the writ has issued, it may be dismissed without a hearing when, in the opinion of the court, it was improvidently issued.
But it is argued by the learned counsel for the appellant that inasmuch as the superior court had jurisdiction to issue the writ, and inasmuch as personal service of the writ was had on the respondent, the court had therefore no right to dismiss the proceeding for alleged want of jurisdiction.
We think the court committed no error in dismissing the writ in this instance, and the judgment is, therefore, affirmed.
Dunbar, Cl J., and Scott, Stiles and Hoyt, JJ., concur.