Supreme Judicial Court of Maine, 1849

County Commissioners v. Spofford

County Commissioners v. Spofford
Supreme Judicial Court of Maine · Decided July 1, 1849 · Howard, Orally, Tenney, Wells
30 Me. 456

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.

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