State ex rel. Kiernan v. Recorder of the First District
State ex rel. Kiernan v. Recorder of the First District
Opinion of the Court
The opinion of the court was delivered by
This application is for a writ of certiorari to restrain the enforcement of the fine imposed on the relator by the First Recorder’s Court, under the charge of disturbing the peace.
The writ authorized in unappealable cases is intended to correct proceedings in the lower court “ absolutely void,” as when the judg
The writ, too, is preventive. Its purpose is to arrest the execution of the void judgment. In this case the supplemental petition informs us the fine has been paid, though under protest. We can not give relief by certiorari for money claimed to have been illegally exacted. Code of Practice, Arts. 857, 866.
The .previous order in this case is set aside, and the relator’s application is denied.
Reference
- Full Case Name
- State ex rel. Kiernan v. The Recorder of the First District
- Status
- Published