Wildy v. Washburn
New York Supreme Court
IN ERROR, on certiorari to three justices of the peace of the county of West Chester, to bring before this Court their appointment' of Gilbert Washburn, the defendant, as a constable of the town of Mount Pleasant• ' The return stated, that at a town meeting, held in the town of Mount Pleasant, on the 7th of April last, it was decided by the freeholders and inhabitants, that it would be v necessary for the town to elect two constables; that they proceeded to a choice, and…
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IN ERROR, on certiorari to three justices of the peace of the county of West Chester, to bring before this Court their appointment' of Gilbert Washburn, the defendant, as a constable of the town of Mount Pleasant• ' The return stated, that at a town meeting, held in the town of Mount Pleasant, on the 7th of April last, it was decided by the freeholders and inhabitants, that it would be v necessary for the town to elect two constables; that they proceeded to a choice, and that on canvassing the votes, two were elected $ that there were three other persons who had an equal number of votes, so…
1Opinion of the CourtSpencer, J.
This certiorari is brought to obtain a reversal or vacatur of the appointment of Washburn ; and this Court Rays, in Wood v. Peake, (8 Johns. Rep. 71.) that the appointment of a constable by' three justices is a judicial act; that it remains *50valid until it be set aside or quashed, in the regular course, uPon certiorari. The certiorari, however, cannot, in a case like this, be prosecuted in the name of an individual; it must be at the suit of the people, on the relation of an individual.
Wherever the rights of an individual are infringed by the acts of persons cloalhed with authority to act, and…
2Cited by8 opinions
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- People Ex Rel. Loughran v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- Timmins v. LacyTexas Supreme Court · 1867
- City of Dubuque v. RebmanSupreme Court of Iowa · 1855
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