A Treatise on the Law of Certiorari at Common Law and Under the Statutes; Its Use in Practice

A Treatise on the Law of Certiorari at Common Law and Under the Statutes; Its Use in Practice

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...1880), to review an alleged assessment made in the town of Highland, Sullivan county, upon the property of the relator for the year 1886. The court, Finch, J., said: "The relator complains of the judgment of the general term, which dismissed its writ of certiorari issued under the Act of 1880. The illegality which was asserted as sufficient to invalidate and annul the assessment upon its corporate property was founded upon an inquiry into the title of assessors to their ofiice, and a denial of their right to act as such at all. The trial court found that the two who alone made up and certified the roll were not, in truth, assessors either dejure or de facto. Assuming that to be true, the appellate court, nevertheless, held that the wrong could not be redressed in the proceeding adopted, and we agree with that conclusion. The function of the writ of certiorari is to review the judicial action of inferior ofiicers and tribunals. It assumes their existence and the fact of oflicial action, but draws in question the legality or correctness of that action. It is wholly unsuited to a case in which there is no ofiicer and no tribunal, and where as a consequence there could not have been any judicial action, or anything to review." The judgment was afiirmed.' 377. Meeting of Assessors to Hear Complaints---'1'axes.--There were appeals from orders of the general term of the supreme court afiirming orders of special term quashing writs of certiorari to review assessments upon property of relator. The material facts, as stated by the court, were, that the papers in four appeals from orders quashing as many certioraris, and in another similar case, not then on hearing, were printed, as the court said, "for our use, ...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236838580
  • 9781236838582