Van den Bos v. Board of Commissioners

Citations

• 11 S.D. 190
• 76 N.W. 935
• 1898 S.D. LEXIS 108

Syllabus

<p>1. On appeal from a judgment in certiorari, only suob ei'rors can be reviewed as appear on the judgment roll, which by Comp. Laws, l 5516, consists of the judgment, writ, and return.</p> <p>2. A writ of certiorari may be amended by inserting the title.</p> <p>3. A writ of certiorari, which runs in the name of the state, is directed to the proper parties, and recites that “it has been represented to the circuit court in and for the county of Douglas, in the Frst Judicial circuit, state of South Dakota, by the affidavit of” plaintiff, is sufficient, although the title is omitted.</p> <p>4. Under Comp. Laws, g 5513, providing that a review on certiorari can only extend far enough to determine whether the inferior board or tribunal regularly pursued its authority, and section 5519, which provides that the writ must “state generally the allegations against the party to whom it is directed and command such party” to do the act required to be performed, the writ need not contain the recitals of the application.</p> <p>5. Under Laws 1890, c. 66, providing that the county commissioners shall at their regular meeting in 1890, and every three years thereafter’ if necessary, change the boundaries of the commissioner districts, they can-cannot change such boundaries at any other time, and a resolution to that effect adopted in 1898 is void.</p>