Wilsey v. Cornwall

Citations

• 40 Wash. 250
• 82 P. 303
• 1905 Wash. LEXIS 971

Syllabus

<p>Schools and School Districts — Establishment of New District — School Superintendent — Powers. New school districts maybe formed by the school superintendent, containing less than four sections of land, under 3 Bal. Code, § 2277 (Laws 1901, p. 371, § 2), if the district can support six months school per year, and this question is one for the determination of the superintendent.</p> <p>Same — Appeal to County Commissioners. Where, upon appeal to the county commissioners, the decision of the school superintendent that a district can support six months school, is affirmed, the decision . is final.</p> <p>Same — Boundaries of New District — Fixed by Superintendent. The school superintendent has power, upon application, to form a new school district and fix its boundaries, and in so doing is not restricted to the territory specified in the petition.</p> <p>Certiorari — To Review Establishment of School District— County Commissioners’ Decision on Appeal From Superintendent— Finality. Certiorari does not lie to review the action of the county commissioners on appeal from the establishment of a new school district by the' superintendent of schools, where there was neither want of jurisdiction or action in excess of jurisdiction, 3 Bal. Code, § 2275 (Laws 1899, p. 19) providing that its action on void appeal shall be final.</p>