Wood v. District of Columbia
Wood v. District of Columbia
Opinion of the Court
delivered the opinion of the Court:
Five specific reasons are assigned by the attorney of the District, in support of the motion, two of which we will notice:
1. It is insisted that certiorari is not the proper form of remedy to be invoked by the petitioners.
We are of the opinion that this objection cannot be sustained. In Ewing vs. St. Louis, 73 U. S.; 5 Wall., 413, a bill in equity was filed to enjoin the collection of an assessment
“If the statutes and ordinances under which the mayor undertook to act did not invest him with any authority to render the judgments against the complainant, the judgments were void, and could not cast a cloud upon his title, or impair any remedies at law provided for the protection of his property or the redress of trespass to it.
“On the other hand, if the statutes and ordinances invested the mayor with authority, when new streets in the city were to be opened, to render judgments for the amount of benefits assessed against the owners of adjoining property, and in this instance he failed to follow their provisions, or exceeded the jurisdiction they conferred,' the remedy of the complainant was by certiorari at law, and not by bill in equity.
. “With the proceedings and determination of inferior boards or tribunals of special jurisdiction, courts of equity will not interfere, unless it shall become necessary, to prevent a multiplicity of suits or irreparable injury, or unless the proceeding sought to be annulled or corrected is valid upon
The decision in Gaither vs. Watkins, 66 Md., 577, cited on behalf of the District, recognizes this doctrine. The precedents in this jurisdiction referred to by the counsel of the petitioners abundantly show the exercise of the power of review by our courts of the proceedings of inferior tribunals, in cases like the present; and we adhere to that practice.
2. It is insisted, however, that if the writ of certiorari can be resorted to in such cases as these, yet as that writ is granted only in the sound legal discretion of the courts and cannot be demanded as matter of right — that the courts should not award it in the cases like the present, where the petitioners have been guilty of culpable laches in making their application.
There is no doubt of the correctness of the first proposition. It is distinctly affirmed in Ex parte Hitz, 111 U. S., 768, and in 66 Md., 577, and Cooley on Taxation, 530.
But the cases cited do not show that the petitioners here have been guilty of laches in such wise as to induce the Court to refuse them an opportunity of urging their objections to the assessments complained of. The petitioners all declare that the proceedings were conducted throughout without any notice to them, as was exacted by the statute; and although the assessments are claimed to have been made many years ago, yet no certificates were issued until many years subsequently; and no attempt was made to enforce the collection of the certificates until a still more recent period.
If the courts of law are to apply in these proceedings at
The other reasons assigned in support of the motions to quash would more properly be examined in the future. The two we have been considering appear to be the only objections properly examinable on this motion.
The motions to quash are overruled, and the cases are remanded to the Circuit Court and the respondent ordered to malee, without delay, the returns in each case.
Reference
- Full Case Name
- FRANCIS A. WOOD v. DISTRICT OF COLUMBIA
- Status
- Published