People ex rel. Savage v. Board of Health
New York Supreme Court
Certiorari to the board of health. This case arose on a return to a certiorari directed to the board of health of the city of New York, commanding them to return to this court certain proceedings before them, “ by which they adjudged, adjudicated, and determined, that the business carried on by the relator, in depositing manure on lots between First Avenue and East River, and Thirty-eighth and Thirty-ninth streets, was a nuisance.”
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Certiorari to the board of health. This case arose on a return to a certiorari directed to the board of health of the city of New York, commanding them to return to this court certain proceedings before them, “ by which they adjudged, adjudicated, and determined, that the business carried on by the relator, in depositing manure on lots between First Avenue and East River, and Thirty-eighth and Thirty-ninth streets, was a nuisance.” The writ also called for a return whether any complaint was made to the board of health as to the same. The return showed that the city inspector made a…
1Opinion of the Court
By the Court.*—Ingraham, J.
—The counsel for the relator has argued before us the question of the expediency of the action of the board of health in passing the resolutions complained of. With that question we have nothing to do. if the Legislature have authorized the board of health to legislate upon these subjects, the,power to legislate necessarily involves the exercise of discretion; and no court can review such acts, when passed in matters within the jurisdiction of the body to which those powers have been intrusted.
It is also contended that the board of health has no power to *90declare any…
2Cases cited2 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- People ex rel. Moore v. Mayor of New YorkNew York Supreme Court · 1848
3Cited by12 opinions
- People Ex Rel. Trustees of Jamaica v. Board of SupervisorsNew York Court of Appeals · 1892
- Quinchard v. Board of TrusteesCalifornia Supreme Court · 1896
- Spring Valley Water Works v. BryantCalifornia Supreme Court · 1877
- City of Albany v. McMorranNew York Supreme Court · 1962
- State ex rel. Wiesmann v. KemenWisconsin Supreme Court · 1884
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