People Ex Rel. Davis v. . Hill
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order quashing a writ of certiorari directed to defendants, railroad commissioners of the town of Ontario, in the county of Wayne, and the clerk of said county, to review certain proceedings had under the act authorizing certain towns to bond themselves in aid of the Lake Shore railroad (chap. 811, Laws of 1868. Reported below 65 Barb., 435.) The writ was issued…
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order quashing a writ of certiorari directed to defendants, railroad commissioners of the town of Ontario, in the county of Wayne, and the clerk of said county, to review certain proceedings had under the act authorizing certain towns to bond themselves in aid of the Lake Shore railroad (chap. 811, Laws of 1868. Reported below 65 Barb., 435.) The writ was issued September 2, 1872. The return of the commissioners shows that the assessors made their affidavits August 30th, 1870. The…
1Opinion of the CourtRapallo, J.
The order of the General Term in this case was that the writ of certiorari be quashed and the proceedings dismissed. The return showed that the proceedings sought to be reviewed took place in 1870. The writ of certiorari was not applied for until 1872, and in the mean time stock had been subscribed and bonds issued. It was within the discretionary power of the court below to refuse or quash the writ on account of this delay, without regard to the merits of the case. The court have a discretion to grant or withhold a common-law certiorari. (Matter of Mount Morris Square, 2 Hill, 28, per Cowen,…
2Cases cited3 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- The People v. . StilwellNew York Court of Appeals · 1859
- The People Ex Rel. v. . KnowlesNew York Court of Appeals · 1872
3Cited by9 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- People Ex Rel. O'Connor v. Board of SupervisorsNew York Court of Appeals · 1897
- People ex rel. Hill v. Board of SupervisorsNew York Supreme Court · 1888
- People, Ex Rel. Smith v. . Com'rs, Etc., BrooklynNew York Court of Appeals · 1886
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