People ex rel. Hunter Arms Co. v. Foster

The respondents move to vacate and set aside orders of certiorari to review the action of the common council of the city of Fulton in relation to the audit of certain claims of petitioners for a refund of excess taxes paid, which said orders were granted ex parte, and made returnable in the first instance at the Appellate Division, upon the ground that the petitions fail to state facts sufficient to warrant the granting of the orders.

Before the writ of certiorari was abolished by the enactment of the present Civil Practice Act, a motion to quash such a writ, before making a return thereto,…