Ackerman v. Taylor
Ackerman v. Taylor
Opinion of the Court
This court, on the principles of the common law exercises by means of the writ of certiorari, a. superintending power and control over inferior tribunals created by statute or proceeding in a summary manner. Even where their adjudications are declared to be final and conclusive, although wo do not examine the merits of their decisions, from which we are restrained by the just effect of the final and conclusive quality attached to them, we nevertheless inquire whether they have exercised or exceeded the jurisdiction given to them, whether they have used the powers granted in their creation, or assumed others never confided to them. The superintending power of this court, and the use of the writ of certiorari are no doubt within the scope of legislative action, may be restrained, abridged, perhaps abolished. Yielding on the one hand to the will of the Legislature, we are on the other to deny the writ to a citizen in no case where he may lawfully claim it. The act directs that no certiorari shall issue to remove into this court any proceedings had in pursuance of it—see. 10. But how many cases may there not be where the proceedings though under pretence, may not be in pursuance of the act ?
Reference
- Full Case Name
- Lawrence Ackerman v. John Taylor
- Status
- Published