Legal Opinion

People ex rel. Youmans v. Wagner

New York Supreme Court

Decided May 15, 1873PublishedCited by 1 opinion

Ceetiobabi to review the proceedings on application to bond the town of Delhi, Delaware county, before the judge of that county.

1Opinion of the CourtMiller, P. J.

This certiorari is argued in connection with a motion to set aside the proceedings for irregularity, upon the ground that the relator is incompetent to act as such, because he was one of the original petitioners for the bonding 'of the town, and, not having withdrawn, he is estopped from bringing a certiorari/ and also for the reason that there is no party in the proceeding legally aggrieved by the adjudication or entitled to sue out the writ.

Even'1 if there may be a question" whether the relator, as supervisor, can institute this proceeding, I am inclined to think that he is not precluded as…

2Cases cited1 opinion

  1. Town of Duanesburgh v. JenkinsNew York Supreme Court · 1866

3Cited by1 opinion

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906

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