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
— 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.
—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 ?
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