Farrell v. Taylor

Campbell J.:

Taylor having recovered a judgment of restitution against Farrell, as holding over after a mortgage foreclosure (the .proceeding having been had under the statute giving a, summary’ remedy in such cases), a certiorari was issued to the circuit court commissioner, to review his action.

We intimated upon the argument a doubt whether the writ ought to be retained for such a purpose, and, upon further consideration, are satisfied that it should be quashed, as improvidently issued.

It was claimed on. the argument, that the allowance of the writ by a proper officer is conclusive up on.…