State v. Clerk of Middletown

Supreme Court of New Jersey
State v. Clerk of Middletown, 24 N.J.L. 124 (N.J. 1853)
Branch, Elmer, Potts

State v. Clerk of Middletown

Opinion of the Court

Elmer, J.

If the errors complained of were much more important, we should hesitate to allow a certiorari, which might prevent the township from raising any funds, and thus produce great public inconvenience. The writ is not of right, but will be granted or refused in the discretion of the' court. State v. Kingsland, 8 Zab. 87. In that case, as well as in the case of The State v. Albright, the writ was allowed to bring up the proceedings *125of the town meeting; but in the former ease it was dismissed after argument, and in the latter case it brought up only a particular order appropriating a specific fund to the support of schools, and occasioned no special inconvenience. As a general rule, the writ is only allowed where some apparent error, affecting a particular prosecutor, is shown to the court by affidavit or otherwise, and only to bring up the assessment in, his case. The writ applied for must be denied.

Potts, J., concurred.

Reference

Full Case Name
State v. THE CLERK OF MIDDLETOWN
Status
Published