In re Leverant
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court, dated the 9th day of August, 1905, directed to Edward H. Healy . and, another, as Special Deputy Commissioner of Excise of the boroughs of Manhattan and The Bronx, and superintendent of buildings of the borough of .Manhattan, respectively, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings had in relation to the revocation of a certain liquor tax…
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Certiorari issued out of the Supreme Court, dated the 9th day of August, 1905, directed to Edward H. Healy . and, another, as Special Deputy Commissioner of Excise of the boroughs of Manhattan and The Bronx, and superintendent of buildings of the borough of .Manhattan, respectively, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings had in relation to the revocation of a certain liquor tax certificate. ' .
1Opinion of the Court
Ingraham, J.:
We think this proceeding must be dismisséd upon the ground that the act sought to be reviewed was not a judicial act which could be reviewed by certiorari. The function of the writ of certiorari is to review a determination of an inferior court or officers exercising judicial powers. In People ex rel. Corwin v. Walter (68 N. Y. 403) Judge Allest, in delivering the opinion of the court, said: “ The writ lies only to inferior, courts and officers exercising judicial powers affecting the-property or rights of the citizen, and is directed to the court, magistrate or board, exercising…
2Cases cited4 opinions
- People Ex Rel. Trustees of Jamaica v. Board of SupervisorsNew York Court of Appeals · 1892
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
- People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public ParksNew York Court of Appeals · 1884
- People ex rel. Van Sickle v. AustinAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Trainer v. LewisAppellate Division of the Supreme Court of the State of New York · 1935