State Ex Rel. v. City Council of Benson

The relator seeks on writ of certiorari to review the proceedings of the city council in annexing territory to the municipality under G. S. 1923, § 1843. He appealed from a judgment entered pursuant to an order dismissing the writ.

Official acts that are purely legislative in their nature cannot be reviewed by certiorari. The fact that an officer dr board in the performance of duty has to ascertain certain facts and, in doing so, de-terminé what the law is, does not of itself render the acts judicial. In order to be judicial the acts must affect the rights or property of a person in a manner…