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Colden v. Botts

12 Wend. 234 Court N.Y. Sup. Ct. Decision date 1834-10-09 English

Contents

Majority

p. 234
Colden and wife vs. Botts.

Headnote

A party having no interest in the subject matter of proceedings had under the1 l statute authorizing summary proceedings in certain cases, is not entitled to sue out a certiorari.
October 9.

In a caase a certiorari was sued out to remove proceedings had under the statute, 2 R. S, 511, &c. authorizing summary proceedings to obtain the possession of land in certain cases, and a return had been made to the writ, and on motion by the defendant to quash the certiorari, it was held, by the Chief Justice, that a party having no interest in the subject matter of the proceedings was not entitled to prosecute a certiorari, and he accordingly quashed the writ.