Saratoga & Washington Rail Road v. McCoy, Hodgman & Williams
New York Supreme Court
At the special term of this court, in February last, a certiorari was allowed in open court, on the ex parte application of the plaintiffs, directed to the defendants, commanding them to certify the tax list, warrant and apportionment of tax in school district No. I, in Fort Edward, in April 1850, together with the assessment roll, resolutions of said district, records and proceedings upon which the same were founded with all things touching the same, and the mode and manner…
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At the special term of this court, in February last, a certiorari was allowed in open court, on the ex parte application of the plaintiffs, directed to the defendants, commanding them to certify the tax list, warrant and apportionment of tax in school district No. I, in Fort Edward, in April 1850, together with the assessment roll, resolutions of said district, records and proceedings upon which the same were founded with all things touching the same, and the mode and manner of making such apportionment, to our justices, &c. at their special term on the second Monday in March next, &c. The…
1Opinion of the Court
Willard, Justice.
The certiorari in this case was granted upon an ex parte application. Had notice of the motion been given, the defendants could have successfully opposed it on the affidavit upon which the present motion is founded. Opposing affidavits may be read in opposition to a motion for a common law certiorari (1 Hill, 195; 2 do. 398). The case of Commissioners of Highways of Warwick vs. The Judges of the Orange County Courts (9 Wend. 434), wras probably misreported, so far as it contains any different doctrine.
Thestrustees of the district were authorized by law to correct the error in…
2Cases cited3 opinions
- Storm v. OdellNew York Supreme Court · 1829
- Ferguson v. JonesNew York Supreme Court · 1834
- Commissioners of Highways v. Judges of the Orange County CourtsNew York Supreme Court · 1832
3Cited by5 opinions
- State ex rel. Tibbits v. City of MilwaukeeWisconsin Supreme Court · 1893
- People ex rel. Brownell v. Board of AssessorsNew York Supreme Court · 1908
- People ex rel. Cook v. HildrethNew York Supreme Court · 1889
- People ex rel. Iroquois Gas Corp. v. BenningNew York Supreme Court · 1933
- People ex rel. Kilmer v. McDonaldNew York Supreme Court · 1874