134 Minn. 435 | Minn. | 1916
In March, 1916, a petition for the establishment of Judicial Ditch No, 58, of the counties of Nobles, Murray, Cottonwood and Jackson, was presented to the district court of Jackson county. A bond was filed and approved by the clerk of the court, and an order for a hearing of the petition made. Notice of the time and place of this hearing was given by publication and posting. Relator and certain other owners of lands liable to be affected by and assessed for the ditch filed objections to "any
The first question is whether ccriiorwri will lie to review this order. If it will not, we should decline to consider the constitutional or other questions sought to be raised, however advisable it may be to have these questions settled.
Is the order appointing an engineer to make a survey and report a final and conclusive adjudication as against relator of any question he seeks to present P That is the ultimate question, as it is elementary that certiorari will not lie to review an order that is not final. The legitimate office of the writ of certiorari in this state is to review and correct decisions and final determinations of inferior tribunals. The writ of certiorari is strictly in the nature of a writ of error to bring up for review the final determination of an inferior tribunal, which, if unreversed, would stand as a final determination of some legal right of the relator. It is not the appropriate remedy to prevent anticipated wrong or injury. It will not lie directly to an intermediate order. Such orders may be reviewed on certiorari to the final judgment. 1 Dunnell, Minn. Dig. §§ 1391, 1396, and cases cited.
We are unable to see that the order appointing an engineer is a final adjudication of any question that relator seeks to raise. It does not preclude him from raising all such questions on certiorari directed to the final order establishing the ditch, if such order shall be made. The proceedings for this drainage project are under G. S. 1913, c. 44. The preliminary hearing is provided for by sections 5525 and 5554. If the judge
Kelator claims that the bond furnished by the petitioners and approved as provided by the statute was insufficient in amount. It is true that a review of this question after an order refusing to establish the ditch, could not be had, and would be profitless, if it could be, but we do not agree that it is shown that the bond will prove insufficient in amount. If it should, we do not doubt the power of the district court, upon a proper application and showing, to direct a further bond to be given.
Writ quashed.