People ex rel. Niles v. Smith

When the proceedings in a case like the present are brought into this court on certiorari, it is clearly within the power of the court to examine them, and to quash them, if found irregular or insufficient. That -was done in The People v. Reed, (11 Wend. 157.) It cannot be that this court can be compelled to go through with these proceedings, without having the power or the opportunity to examine and *17ascertain whether jurisdiction has been obtained, of the subject matter, or of the parties; and whether the statutory prerequisites have been complied with. And if such an inquiry is ever to be…