People ex rel. Hallett v. Board of County Commissioners
Supreme Court of Colorado
Error to the District Court of Arapahoe County. By proceedings on certiorari, plaintiff in error, as relator, commenced this action in the lower court against defendants in error, as respondents, to vacate an assessment returned against him by the assessor of Arapahoe county for the year 1897. In his petition for the writ he avers, in substance, that the assessor, with intent to wrong and injure him, caused to be entered against him in the assessment roll for 1897 the item…
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Error to the District Court of Arapahoe County. By proceedings on certiorari, plaintiff in error, as relator, commenced this action in the lower court against defendants in error, as respondents, to vacate an assessment returned against him by the assessor of Arapahoe county for the year 1897. In his petition for the writ he avers, in substance, that the assessor, with intent to wrong and injure him, caused to be entered against him in the assessment roll for 1897 the item “moneys, notes or credits, $75,000,” to the end that he be compelled to pay taxes upon that amount for this year; that…
1Opinion of the CourtJustice Gabbert
The object of proceedings on certiorari is to correct errors of law apparent from admitted or established facts, and not *89to settle those which are disputed. By this method the entire record of the proceedings of the inferior tribunal, which it is sought to review, is certified to the court ordering the writ, and it is upon this record alone, that the cause is tried in the superior tribunal, and not upon the allegations of the petition for the writ, or on facts- not appearing in the record. Comrs. v. Harper, 38 Ill. 103; Comrs. v. Supervisors, 27 Ill. 140. For this reason, no original evidence…
2Cases cited2 opinions
- Commissioners of Highways of the Town of Geneseo v. HarperIllinois Supreme Court · 1865
- Commissioners of Highways of Sonora v. Supervisors of Carthage, Prairie & MontebelloIllinois Supreme Court · 1862
3Cited by17 opinions
- First National Bank of Greeley v. Board of County CommissionersSupreme Court of the United States · 1924
- Chenoweth v. State Board of Medical ExaminersSupreme Court of Colorado · 1914
- Citizens' Committee for Fair Property Taxation v. WarnerSupreme Court of Colorado · 1953
- County Court of Denver v. Eagle Book Gold Mining & Reduction Co.Supreme Court of Colorado · 1911
- Chew v. Board of Assessment AppealsColorado Court of Appeals · 1983
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