In re Lauterjung
The Superior Court of New York City
Certiorari to review the action of the Board of Health of New York city, in refusing to register the births of two of the relator’s children, born, prior to May 11, 1873. The facts appear in the opinion.
1Opinion of the Court
By the Court.—Arnoux, J.
Until the decision of the court of appeals in the year 1868, in the case of the The People ex rel. Cook v. The Board of Police (39 N. Y. 506), the tendency of the courts in certiorari cases, was to refuse to examine into the evidence or to determine any question beyond that of jurisdiction. This permitted inferior tribunals and magistrates to exercise their powers in an arbitrary, high-handed and unjustifiable manner, and made them more absolute than any court of original jurisdiction. The case above cited brought to the attention of the court an illustration of the…
2Cases cited16 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
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