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PERKINS v. PEACOCK

263 Wis. 644 (1953)

PERKINS and others, Appellants, vs. PEACOCK and others, Respondents.

Supreme Court of Wisconsin.

May 5, 1953.

Attorney(s) appearing for the Case

For the appellants there were briefs by Bogue & Sanderson of Portage, and oral argument by T. H. Sanderson.

For the respondents Robert D. Peacock and others, constituting the County School Committee of Dane county and Blanche Losinski and H. Hansen, permanent secretaries thereof, there was a brief and oral argument by Richard W. Bardwell, district attorney.

For the respondents School Board of Joint School District No. 1 and others, and Julian Martinson, clerk thereof, there was a brief by Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by F. Halsey Kraege.

CURRIE, J.

The learned circuit judge quashed the writ of certiorari on the ground that the statutory method of appeal provided by sec. 40.303 (9), Stats. 1949, was the exclusive remedy of plaintiffs and that certiorari therefore would not lie. Such statute grants a right of appeal from any order of a County School Committee to "any person aggrieved" thereby, such right of appeal being limited to a period of thirty days "following...

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