Thompson v. Rockwood

Beardsley, Justice.

Denied the motion without costs to either party, on the ground that the appeal from the order of the 16th February last did not bring before the court the order of the 13th December, allowing the certiorari; and stated on the argument, that the circuit judge had no authority to allow the certiorari in the matter: it was a common law certiorari, and not provided for by the statute, and that in his opinion the certiorari was not of any force or effect.