People v. Works, Collector of Taxes of De Peyster
New York Supreme Court
‘ Motion for writ of prohibition. At a special town meeting held in the town of De Peyster, in May 1831, it was voted to raise $200, by a tax on the town, for the purpose of enclosing what was called the town house with a fence, and to compíete- the house, The proceedings of the meeting were laid before the board of supervisors of the county, and they passed a resolution to raise the sum voted, by a tax on the town of De-Peyster, and actually assessed the same, and in a…
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‘ Motion for writ of prohibition. At a special town meeting held in the town of De Peyster, in May 1831, it was voted to raise $200, by a tax on the town, for the purpose of enclosing what was called the town house with a fence, and to compíete- the house, The proceedings of the meeting were laid before the board of supervisors of the county, and they passed a resolution to raise the sum voted, by a tax on the town of De-Peyster, and actually assessed the same, and in a warrant signed by the board, the collector of taxes was directed to pay the amount to the supervisors of the town, to be…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In England a writ of prohL bition lies in a variety of cases, and is generally directed to inferior courts, temporal as well as spiritual. It is the remedy provided by the common law against the encroachment of jurisdiction ; to keep inferior courts and tribunals within the *488^m‘ts anc* bounds prescribed to them. The reason of prohibitions in general, is that they preserve the rights of the courts and of individuals. The wisdom and policy of the law supPose both best preserved ' when every thing runs in its right channel; as> if one might be allowed to encroach,…
2Cited by10 opinions
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- State ex rel. Kellogg v. GaryWisconsin Supreme Court · 1873
- Trueheart v. AddicksTexas Supreme Court · 1847
- People ex rel. First National Bank v. Board of SupervisorsNew York Supreme Court · 1864
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