People ex rel. Addison & Elkland Plank-road Co. v. Freeman
New York Supreme Court
This was a certiorari to the county judge of Steuben county to review his determination upon an appeal by the relator from the decision of the defendants as assessors of the town of Tuscarora, in said county.
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This was a certiorari to the county judge of Steuben county to review his determination upon an appeal by the relator from the decision of the defendants as assessors of the town of Tuscarora, in said county. It appeared by the return, that the relator was duly incorporated under the general plank-road act, prior to the year 1858, and pursuant to its charter had constructed a plank-road from the village of Addison, through the towns of Addison and Tuscarora in Steuben county, a distance of some ten miles, at a cost of $21,000, and had maintained and collected tolls for the whole road, until…
1Opinion of the Court
By the Court —
Johnson, J.
It is objected by the defendant’s counsel to the writ of certiorari in this case, that the statute makes the decision of the county judge on the appeal to him ‘‘final” (Session Laws of 1855, chapter 546, § 5), and that it cannot be reviewed in this way. But this is not a valid objection. It has uniformly been held that a common law certiorari will lie to review the determination of inferior tribunals, even where the statute declares their decisions final, unless the right of review is taken away in express terms. (Lawton v. Commissioners of Cambridge, 2 Cai., 179; Le…
2Cases cited2 opinions
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
3Cited by2 opinions
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- People ex rel. O'Reilly v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1900