Hyperlawhypertext legal database People ex rel. Cuyler v. Trustees of Village of Palmyra 10 N.Y. Sup. Ct. 549

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People ex rel. Cuyler v. Trustees of Village of Palmyra

10 N.Y. Sup. Ct. 549 Court N.Y. Sup. Ct. English

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p. 549
THE PEOPLE ex rel. GEORGE W. CUYLER and others, v. THE TRUSTEES OF THE VILLAGE OF PALMYRA.

Headnote

Tax — cm'tiorarri to remero —■ when prematurely granted.
The writ of certiorari does not issue to inferior courts, tribunals, or officers exercising judicial functions, till the proceedings before them are completed, and a final determination or adjudication had upon such proceedings.[1]
Certiorari to review certain proceedings had relative to the levying of a tax by the respondents.
p. 550
The court was of opinion that several irregularities had occurred in the proceedings; but, as the respondents had not in fact or form, levied any tax, nor corrected or adopted the assessment roll, or signed .any warrant, it held that the writ was prematurely granted, and dismissed it with costs.
Ohcmies MoLouth, for the relators.
George F. Danforth, for the respondents.

Opinion by Smith, J.

Present — Mdllin, P. J., Smith and Dwight, JJ.

Wi-it dismissed, with costs.