New York Supreme Court, 1825

Ex parte Sanders

New York Supreme Court · Decided August 15, 1825

4 Cow. 544

Counsel

H. Markell, moved for a mandamus to the commissioners of highways of the town of Minden, in Montgomery county, commanding them to open and improve a road laicl out by three of the Judges of the Court of Common Pleas of that county., J. W. Cady & S. M. Hopkins, contra, insisted that though Judges had decided upon only a part of the road, yet the certiorari went to the whole, and suspended all proceedings of the commissioners till it should be passed upon., Platt, in reply, denied that the Judges were confined to the petition, or bound to discontinue in toto.

Opinion of the Court

Curia.

Clearly the certiorari can have no effect upon the part not embraced in the decision of the Judges. As to this, the commissioners are bound to proceed. Should the determination of the Judges be reversed, non constat that any part of the road would then be discontinued. The necessary effect of the reversal would by no means be to discontinue the whole road; on the contrary, it might result in a confirmation of the whole.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.