Handley v. Mayor of New York

New York Supreme Court

Handley v. Mayor of New York

7 Abb. Pr. 11, 16 How. Pr. 228

DecidedApril 15, 1858

StatusPublished

This text of 7 Abb. Pr. 11 (Handley v. Mayor of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Handley v. Mayor of New York, 7 Abb. Pr. 11, 16 How. Pr. 228 (N.Y. Super. Ct. 1858).

Pincite

Opinion

Clerks, J.

—A court of equity will not assume jurisdiction to review the proceedings of a municipal corporation in prosecuting a local improvement, or in assessing or collecting the means to complete it, if there exists no other reason, for its interposition than the alleged invalidity of the proceedings.

The common-law writ of certiorari is the appropriate remedy in cases of this nature; and it is no reason for granting the remedy prayed for in this, action, that the defects, of which the plaintiff complains, in the defendants’ proceedings, do not appear upon the record; that they can only be substantiated by extrinsic proof; and therefore that the objection could not be raised on a certiorari. (Mace a. The Trustees of the Tillage of Newburg, 15 How. Pr. R., 161.)

Judgment for defendants on demurrer, with costs.

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Clerks, J.

—A court of equity will not assume jurisdiction to review the proceedings of a municipal corporation in prosecuting a local improvement, or in assessing or collecting the means to complete it, if there exists no other reason, for its interposition than the alleged invalidity of the proceedings.

The common-law writ of certiorari is the appropriate remedy in cases of this nature; and it is no reason for granting the remedy prayed for in this, action, that the defects, of which the plaintiff complains, in the defendants’ proceedings, do not appear upon the record; that they can only be substantiated by extrinsic proof; and therefore that the objection could not be raised on a certiorari. (Mace a. The Trustees of the Tillage of Newburg, 15 How. Pr. R., 161.)

Judgment for defendants on demurrer, with costs.

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Bluebook (online)

7 Abb. Pr. 11, 16 How. Pr. 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handley-v-mayor-of-new-york-nysupct-1858.