People ex rel. Iroquois Gas Corp. v. Benning

This motion presents a novel question. Can the court upon motion dismiss a proceeding in certiorari before the filing of a return upon the ground that the relator has refused to answer questions that are material and pertinent? If it has such power, should it so act upon affidavits or wait until the return to determine the materiality and pertinency of such questions?

Prior to the adoption of the Code it was held that a motion to quash a writ of certiorari in advance of the return was improper (Ferguson v. Jones, 12 Wend. 241; People v. Judges, etc., 4 Cow. 73; *654Saratoga, etc., Co, v. McCoy, 5…