County Commissioners v. Spofford

Supreme Judicial Court of Maine

County Commissioners v. Spofford

30 Me. 456

Supreme Judicial Court of Maine·Decided July 1, 1849·Published

Opinion

Tenney, J.

— Suppose the exceptions to be sustained, what action could this Court have in the case ? There would be no power to remit the case back to the District Court, nor to finish the proceedings here.

[457]*457Wells, J.

—If there is no power to remand or to proceed; this waste of time should be avoided. Is it not like the case of highways, in which certiorari is the exclusive remedy ?

Howard, J. orally.

Exceptions do not lie. The remedy, if any, is by certiorari. Exceptions dismissed.

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Tenney, J.

— Suppose the exceptions to be sustained, what action could this Court have in the case ? There would be no power to remit the case back to the District Court, nor to finish the proceedings here.

[457]*457Wells, J.

—If there is no power to remand or to proceed; this waste of time should be avoided. Is it not like the case of highways, in which certiorari is the exclusive remedy ?

Howard, J. orally.

Exceptions do not lie. The remedy, if any, is by certiorari. Exceptions dismissed.

County Commissioners v. Spofford, 30 Me. 456 (Me. 1849).

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