Legal Opinion

People ex rel. Porter v. City of Rochester

New York Supreme Court

Decided June 2, 1856PublishedCited by 11 opinions

CERTIORARI to review proceedings upon a local assessment for the construction of a bridge across the Genesee river. The facts appear in the opinion of the court.

1Opinion of the CourtSmith, J.

The office of a common law certiorari is to bring up for review the proceedings of subordinate tribunals, that this court may see that such tribunals keep within the limits of their acknowledged jurisdiction. Since the decision of Birdsall v. Phillips, (17 Wend. 464,) the court has been accustomed in examining the return to these writs, to confine its decisions to mere jurisdictional facts, although in respect to proceedings between landlord and tenant, and under the insolvent acts, and other cases where the statute gives the writ, it has been since repeatedly held that the return properly…

2Cases cited5 opinions

  1. Kempe's Lessee v. KennedySupreme Court of the United States · 1809
  2. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
  3. Birdsall v. PhillipsNew York Supreme Court · 1837
  4. Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
  5. Bouton v. PresidentNew York Supreme Court · 1829

3Cited by11 opinions

  1. Koehler & Lange v. HillSupreme Court of Iowa · 1883
  2. Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
  3. English v. SmockIndiana Supreme Court · 1870
  4. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  5. People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862

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