People ex rel. Van Rensselaer v. Van Alstyne
New York Supreme Court
MOTION on the part of the people and the relators to compel a further return by the referees to the writ of certiorari issued to them in this matter to return the proceedings had before them on the appeal of Peter" H. Kipp from the decision of said commissioners refusing to lay out a certain highwáy in the town of Claverack in the county of Columbia, applied for by him. The referees reversed the decision of the commissioners and made an order laying out such highway.
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MOTION on the part of the people and the relators to compel a further return by the referees to the writ of certiorari issued to them in this matter to return the proceedings had before them on the appeal of Peter" H. Kipp from the decision of said commissioners refusing to lay out a certain highwáy in the town of Claverack in the county of Columbia, applied for by him. The referees reversed the decision of the commissioners and made an order laying out such highway. The commissioners, feeling aggrieved thereby, sued out a common law certiorari to reverse their proceedings, which was allowed…
1Opinion of the Court
By the Court,
Hogeboom, J.
A certiorari from the supreme court lies to redress injuries committed by inferior tribunals or officers invested with judicial powers. (Lawton v. Commissioners of Cambridge, 2 Caines, 179. Le Roy v. Mayor &c. of New York, 20 John. 430. Wildy v. Washburn, 16 id. 49. Ex parte Mayor of Albany, 23 Wend. 277.)
Sometimes it is expressly authorized and its limits defined by statute, and then of course the nature and extent of the power, and the cases in which it is to be exercised, depend mainly, if not entirely, upon the provisions of the statute. (Matter of Wrigley, 8…
2Cases cited14 opinions
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
- Prosser v. SecorNew York Supreme Court · 1849
- Harrington v. PeopleNew York Supreme Court · 1849
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3Cited by13 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
- Blount v. ForbesAppellate Division of the Supreme Court of the State of New York · 1937
- Hyatt v. BatesNew York Supreme Court · 1861
8 more not listed; retrieve them via the Exa API.