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Bradner v. Superintendent of the poor of Orange

9 Wend. 433 Court N.Y. Sup. Ct. English

Delivered by Sutherland, J.

Contents

Majority

p. 433
Bradner vs. The Superintendent of the poor of the county of Orange.
ALBANY,
Aug. 1832.

Headnote

A common lam certiorari can issue only when allowed in open court, except when issued ex debito justifies.
Motion to quash a common law certiorari allowed by s. August 9. commissioner.

By the Court,

The motion must be granted, Even a judge of this court in vacation cannot allow such a certiorari and of course, a commissioner has not the power. Unless such certiorari is authorized by statute, its issuing can be only by order of the court on cause shewn, except when it issues ex debito justitce. 7 Wendell, 665, and cases sited.