People ex rel. Brownell v. Board of Assessors
New York Supreme Court
Certiorari by the people, on the relation of William C. Brownell, to review a decision of the board of assessors of the city of Buffalo. On motion to quash the writ. Motion denied.
1Opinion of the CourtMarcus, J.
This motion is made to dismiss, quash, or supersede the writ of certiorari. As a rule, such motion can only be entertained after a return is in fact made. People v. Cooper, 57 How. Prac. 466; Saratoga & W. R. Co. v. McCoy, 5 How. Prac. 380. But where it appears upon the face of the writ that it is insufficient in law, and that it does not lie to review the acts complained of, the Special Term has power to quash the writ upon a motion made upon the writ alone, and' before a return has been made thereto. People v. McClellan, 107 App. Div. 272, 94 N. Y. Supp. 1107; People v. Peck, 73 App. Div.…
2Cases cited15 opinions
- Mulligan v. SmithCalifornia Supreme Court · 1881
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Merritt v. City of KewaneeIllinois Supreme Court · 1898
- People ex rel. Miller v. PeckAppellate Division of the Supreme Court of the State of New York · 1902
- In the Matter of KiernanNew York Court of Appeals · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of Larchmont Pancake House v. Board of AssessorsNew York Court of Appeals · 2019