Storm v. Odell
New York Supreme Court
Motion to quash a certiorari. The plaintiff sued out a 1 , , - 1 " certiorari directed to the trustees of a school district m the county of Westchester, commanding them to return two certain-assessment rolls and tax lists, made for the purpose of raising money to build a school house, together with the warrants issued on the same, alleging that the proceedings had not been conducted conformably to the directions of the statute. A motion was now made to quash the certiorari.
1Opinion of the Court
By the Court, Marcy, J.
The remedy of a person conceiving himself aggrieved by a school district meeting, or by the trustees of a school district, is by appeal to the Commissioners of common schools of the town in which the district is situated. (Laws of 1827, ch. 15, tit. 2, s. 110.) If the commissioners should err in their decision, a certiorari to them would probably lie. The motion is granted, with costs.
2Cited by13 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Farrell v. TaylorMichigan Supreme Court · 1863
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
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