Legal Opinion

People ex rel. Church v. Supervisors of Allegany

New York Supreme Court

Decided May 15, 1836PublishedCited by 64 opinions

A certiorari was directed in this case to George Miles and 25 other persons by name, designating them as supervisors of the several towns of the county of Allegany, and as forming the board of supervisors of that county at the annual meeting of the board in the month of November, 1832, requiring them to send to this court the decisions and orders made by them at such annual meeting, allowing any account as chargeable against the county,and directing the raising of money to…

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A certiorari was directed in this case to George Miles and 25 other persons by name, designating them as supervisors of the several towns of the county of Allegany, and as forming the board of supervisors of that county at the annual meeting of the board in the month of November, 1832, requiring them to send to this court the decisions and orders made by them at such annual meeting, allowing any account as chargeable against the county,and directing the raising of money to defray the same; also any assessment rates corrected by them and delivered to the collector of any town of the county,…

1Opinion of the Court

By the Court,

Bronson, J.

The power of this court to review the judgment and proceedings of inferior tribunals, for the purpose of seeing that they keep within the jurisdiction that has been assigned to them, and that their judgments and decisions are based upon correct legal principles, has not been, and cannot be questioned. But it was said on the argument, that awarding a writ of certiorari in a case like the present, was a matter resting in the sound discretion of the court; and the principal question discussed was, whether we ought to entertain this proceeding, and review the decisions of…

2Cases cited6 opinions

  1. Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
  2. Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
  3. Ex parte WestonMassachusetts Supreme Judicial Court · 1814
  4. Storm v. OdellNew York Supreme Court · 1829
  5. Bouton v. PresidentNew York Supreme Court · 1829

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3Cited by64 opinions

  1. Hyde v. ShineSupreme Court of the United States · 1905
  2. Weaver v. DevendorfNew York Supreme Court · 1846
  3. Basnet v. City of JacksonvilleSupreme Court of Florida · 1882
  4. Livingston v. HollenbeckNew York Supreme Court · 1847
  5. Clark v. City of ChicagoIllinois Supreme Court · 1908

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