Wilson v. Board of Supervisors
Before: Heydenfeldt
Synopsis
A certiorari to the Board of Supervisors, on the ground of want of jurisdiction, is premature, if taken before the action of the board.
The objection, want of jurisdiction over the subject, should first be taken before the board; it may decide to take or decline jurisdiction, and until it does one or the other, there can be no cause of complaint.
Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.
The writ of certiorari was sued out prematurely.
If it is true, as insisted by the appellant, that the Board of Supervisors had no jurisdiction over the subject, the objection should first have been taken before the board. This course might have saved the necessity of an appeal; without the action of the board, it is impossible to say whether it would have decided to take, or decline jurisdiction, and until it shall do one or the other, there can be no cause of complaint.
The certiorari was properly dismissed, and the judgment is affirmed.
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