County Commissioners v. Spofford

Supreme Judicial Court of Maine
County Commissioners v. Spofford, 30 Me. 456 (Me. 1849)
Howard, Orally, Tenney, Wells

County Commissioners v. Spofford

Opinion of the Court

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.

*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.

Reference

Full Case Name
The County Commissioners, for location of public lots, versus Spofford
Status
Published