Hyperlawhypertext legal databasebeta Caledonian Co. v. Trustees of Hoosick Falls 7 Wend. 508

← Cases

Caledonian Co. v. Trustees of Hoosick Falls

7 Wend. 508 Court N.Y. Sup. Ct. Decision date 1832-02-23 English

Delivered by Sutherland, J.

Contents

Majority

p. 508
Caledonian Company vs. Trustees of Hoosick Falls.

Headnote

A certiorari allowed by a commissioner, will not be quashed after this court has acted upon the writ, by ordering a supplementary return.
February 23.
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.

By the Court,

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.