131 Mich. 568 | Mich. | 1902
Certiorari to review the action of the boards of school inspectors in establishing a school district. Twenty-two freeholders of the township of Blendon petitioned the boards of school inspectors of the townships of Blendon, Zeeland, and Olive to organize a new school district in said' township of Blendon, to be known as “School District No. 8; ” the boundaries of said district to be formed from fractional districts No. 4 of Blendon and Zeeland, No. 4 of Zeeland and Blendon', No. 5 of Blendon and Olive, and No. 3 of Blendon. The inspectors met March 14, 1901, and proceeded to organize the district. A meeting of the voters of the district was called March 25th, and school officers elected.
The statute requires 10 days’ notice to be given by the township clerk of each township of the time and place of the meeting of the inspectors, by posting the same in three public places in the township, one of which must be in each of the districts to be affected by such alteration. 2 Comp. Laws, § 4653. The clerk of Zeeland township filed an unsworn statement that he posted the notices in three places. There is nothing in the statement made by him to indicate that these were public places. He stated that he posted one “at or near schoolhouse, district No. 4 of Zeeland and Blendon, one at the place of P. Yan Gelderen, and one at the place of C. De Jongh.” Another clerk returned that he posted one notice “near J. Won
It is urged that the writ of certiorari is not the proper remedy; citing Fractional School Dist. No. 1 v. Joint Board of School Inspectors, 27 Mich. 3; Jaquith v. Hale, 31 Mich. 430; Parman v. School Inspectors, 49 Mich. 63 (12 N. W. 910); People v. Gartland, 75 Mich. 143 (42 N. W. 687); Perrizo v. Kesler, 93 Mich. 280 (53 N. W. 391). Those cases do not control this. In most of those cases the writ was quashed because of delay in commencing proceedings, or failing to prosecute them. Meanwhile the districts had proceeded to complete their organizations, and had incurred expenses. In Jaquith v. Hale, proceeding was brought against the assessor of the school district to review errors, if any there were, to be found in the action of the township authorities. It was held that the remedy was unsuited to the case. In this case the relator moved with promptness. He notified the board at its first meeting, March 25th, that the proceedings were illegal, and he proposed to take steps to test them. The proceeding was commenced within 42 days. Meanwhile no expenses had been incurred, and no one can be injured by the application of this remedy. This case is controlled
Judgment affirmed.
