Munro v. Baker
New York Supreme Court
A writ of certiorari had issued in this cause, in behalf of Munro, to remove into this court the assessment list of highway work made by the commissioners of highways of the town of Mamaroneck, in the county of Westchester, with their proceedings, and the determination of the commissioners in affixing the names of persons mentioned in the list; and the number of days which they determined each person should work for the year ; among whom they named Munró.
Read the full summary
A writ of certiorari had issued in this cause, in behalf of Munro, to remove into this court the assessment list of highway work made by the commissioners of highways of the town of Mamaroneck, in the county of Westchester, with their proceedings, and the determination of the commissioners in affixing the names of persons mentioned in the list; and the number of days which they determined each person should work for the year ; among whom they named Munró. The certiorari recited his complaint, that manifest error had intervened in the list and proceedings of the commissioners ; and the writ…
1Opinion of the Court
Curia.
Without saying whether an application should have been made to the court, we are clear that cause must be shown in all cases where a certiorari is brought to review the proceedings of an inferior jurisdiction for error. It is never of course, except where it is sued out by the people. If it were otherwise, we might have every petty judicial controversy in the state before us.
Motion granted;
2Cited by2 opinions
- Devlin v. PlattNew York Court of Common Pleas · 1861
- In re HenriquesNew Mexico Supreme Court · 1889