130 Mich. 504 | Mich. | 1902
This case is brought to this court by certiorari to review proceedings taken by the drain commissioner of Saginaw county to clean out, widen, and deepen a part of a public drain. The sole claim of plaintiff in certiorari is that the petition is fatally defective, and conferred no jurisdiction.
The order based upon the petition was made February 18, 1901, while the application for writ of certiorari was not made until April 30th. The statute provides that notice of the certiorari shall be served on the commissioner within 10 days after his determination, and that, if no certiorari has been brought within the time prescribed, its legality shall thereafter not be questioned in any suit at law or in equity. Plaintiff claims the right to a common-law certiorari, and that it is not limited by the statute. It is within the power of the legislature'^ limit the time within which writs of certiorari may be issued. The statutes afford abundant instances of this
The judgment is affirmed.