Legal Opinion

People ex rel. Robbins v. Mayor of New York

New York Supreme Court

Decided January 15, 1880Published

MotioN to compel a further return to a writ of certiorari issued herein. February II, 1879, a writ of certiorari was issued to tho respondent to review alleged errors in an assessment for constructing a sewer in the city of New York, which had been confirmed by the board of revision and correction of assessments on December 31, 1877. It commanded the mayor, aldermen and commonalty to certify and send before the justices of the Supreme Court at General Term, to be held on the…

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MotioN to compel a further return to a writ of certiorari issued herein. February II, 1879, a writ of certiorari was issued to tho respondent to review alleged errors in an assessment for constructing a sewer in the city of New York, which had been confirmed by the board of revision and correction of assessments on December 31, 1877. It commanded the mayor, aldermen and commonalty to certify and send before the justices of the Supreme Court at General Term, to be held on the first Monday of March, 1879, the decision of the board of revision and correction, and the record thereof, and the…

1Per curiam

We regard it as extremely well settled that a writ of certiorari will not lie to the corporation of the' city of New York to correct alleged errors of the board of assessors, or the board of revision and correction of assessments. That writ should be directed to the board having the matter in charge at the time it issues from the court. (The People ex rel. Vanderpoel v. The Mayor, MSS. opinion, May General Term ; Bogart v. The Mayor, 7 Cow., 158 ; The People ex rel. Law v. The Commissioners of Taxes, 9 Hun, 612 ; Tone v. The Mayor, 70 N. Y., 165 ; Maxmilian v. The Mayor, 62 id., 164.)

The…

2Cases cited2 opinions

  1. Tone v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Bogart v. Mayor, Aldermen & Commonalty of New YorkNew York Supreme Court · 1827

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