People Ex Rel. Board of Supervisors v. Common Council
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 22, 1885, which affirmed an order of Special Term, granting a peremptory writ of mandmnus herein.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 22, 1885, which affirmed an order of Special Term, granting a peremptory writ of mandmnus herein. The proceedings were instituted December 6, 1881, the Special Term order directed the issuance of a writ of mandamus commanding the common council of the city of Kingston to levy and collect upon the taxable property of the city the sum of $18,308.07, audited by the board of supervisors December 3, 1883, for costs and expenses incurred by the board on an appeal to the State assessors, taken by…
1Opinion of the CourtAndrews, J.
The order made by the General Term on the return to the writ of certiorari, was not res adjudícala as to the validity of the assessment. It did not affirm or reverse the proceedings, but dismissed the writ. The allowance or refusal of a common-law certiorari, rests in the sound discretion of the court. The dismissal of the writ was an exercise of this discretion, and the character of the order, as a discretionary one, is not altered by the fact that the court, in its opinion, examined the proceedings and considered them regular. (People v. Stilwell, 19 N. Y. 531; People v. Hill, 53 id. 547;…
2Cases cited6 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- The People v. . StilwellNew York Court of Appeals · 1859
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- The People v. . WheelerNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
- Davis, Cty. Judge v. Caruthers, Dist. JudgeSupreme Court of Oklahoma · 1908
- People Ex Rel. O'Connor v. Board of SupervisorsNew York Court of Appeals · 1897
- Bank of Staten Island v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
12 more not listed; retrieve them via the Exa API.