People ex rel. Davis v. Hill
New York Supreme Court
AWRIT of certiorari was issued in behalf of the relator, a taxable inhabitant of the town of Ontario, in the county of Wayne, to ‘review the proceedings to bond the town of Ontario to aid in the construction of The Lake Ontario Shore Railroad, pursuant to the provisions of an act of the legislature, entitled 1 £ An act to authorize certain towns of the counties of Oswego, Cayuga and Wayne to issue bonds and take stock in and for the construction of The Lake Ontario Shore…
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AWRIT of certiorari was issued in behalf of the relator, a taxable inhabitant of the town of Ontario, in the county of Wayne, to ‘review the proceedings to bond the town of Ontario to aid in the construction of The Lake Ontario Shore Railroad, pursuant to the provisions of an act of the legislature, entitled 1 £ An act to authorize certain towns of the counties of Oswego, Cayuga and Wayne to issue bonds and take stock in and for the construction of The Lake Ontario Shore Railroad,” passed May, 1868, which act was amended by chapter 341 of the laws of 1869. The objections to the proceedings…
1Opinion of the Court
By the Court, Mullin, P. J.
If a writ of certiorari will hot lie in this case, or, what is the same thing, if there is no officer or person compelled to make a return' to it, the tax-payers of the town of Ontario are utterly without redress, and their property taken for the benefit of a private corporation without any redress, no matter how illegal the proceedings to attain' the end may-have been.
*173The case is one in which technicalities must not be permitted to stand in the way of relief to the party claiming to be injured by the proceedings, unless greater abuses are likely to result from…
2Cases cited3 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Fitch v. Commissioners of HighwaysNew York Supreme Court · 1839
- Harris v. WhitneyNew York Supreme Court · 1851
3Cited by3 opinions
- State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
- Manufacturers' Land & Improvement Co. v. City of CamdenSupreme Court of New Jersey · 1909
- People ex rel. Utica & Black River Railroad v. ShieldsNew York Supreme Court · 1876