Sweet v. Hulbert
New York Supreme Court
THIS is an application for the allowance of a writ of prohibition. The applicant is a resident and tax payer of the town of Saratoga, Saratoga county; and John C. Halbert is county judge of said county. On the 27th of April, 1868, an act was passed by the legislature of this state, entitled “ An act to authorize the town of Saratoga, &c. to issue bonds to aid in the construction of a railroad from Mechanicsville to intersect the Glens Falls railroad.”
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THIS is an application for the allowance of a writ of prohibition. The applicant is a resident and tax payer of the town of Saratoga, Saratoga county; and John C. Halbert is county judge of said county. On the 27th of April, 1868, an act was passed by the legislature of this state, entitled “ An act to authorize the town of Saratoga, &c. to issue bonds to aid in the construction of a railroad from Mechanicsville to intersect the Glens Falls railroad.” Section 1 provides, that “on the application in writing of twelv.e or more freeholders, residents of the town, &c. it shall be the duty of the…
1Opinion of the Court
By the Court, James, J.
The first point raised in this case is, that a writ of prohibition is not proper.
A writ of prohibition issues, to forbid a court and party to whom it is directed, from proceeding in any matter *315designated, then depending before it. It will lie to prevent the exercise of unauthorized power by an inferior tribunal, in cases where it has jurisdiction as well as where it has not jurisdiction. (Quimbo Appo v. The People, 20 N. Y. Rep. 550.)
The action sought from the county judge, on the application of certain freeholders, is judicial. It is conferred by the statute upon the…
2Cases cited2 opinions
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Clark v. City of RochesterNew York Supreme Court · 1856
3Cited by15 opinions
- Matter of RyersNew York Court of Appeals · 1878
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Levin v. HewesCourt of Appeals of Maryland · 1912
- Whiting v. Sheboygan & Fond Du Lac RailroadWisconsin Supreme Court · 1870
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