Caledonian Co. v. Trustees of Hoosick Falls
New York Supreme Court
Motion to set aside a certiorari, because allowed by a commissioner. The certiorari issued to bring up the proceedings of the trustees in reference to the imposition of a village tax. The trustees made a return to the certiorari, and on the 22Ó. day of December last, the plaintiffs obtained a rule for a supplementary return, although opposed by the defendants, who now applied .to quash the certiorari, because allowed by a commissioner, and not by the court.
1Opinion of the Court
By the Court,
Sutherland, J.
The certiorari ought to have been allowed by this court, and not by a commissioner; but I am inclined to think that the order of this court directing a supplementary return, was a ratification of the act of the commissioner, and an adoption of the writ, so -that it may now be considered as allowed by the court. The motion is therefore denied.
2Cited by5 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Bissell v. LewisMichigan Supreme Court · 1857
- Smith v. OdellWisconsin Supreme Court · 1844
- Wilson v. Mayor of New YorkNew York Court of Common Pleas · 1855
- Wilson v. Mayor of New-YorkNew York Court of Common Pleas · 1854