The New York herald., 1870-04-12
THE wESTCHESTER TAX WAR.
The Case tf the Commissioners Of Berrian
Avenue-Order of Judge F. Barnard Su-
perseding Writ Of Certiorari Re-
versed-I Important Decision.

The case OF the People ex rel. John B. Haskin Vs.
the Board OF Supervisors Westminster county and
others came up in General Term OF the Supreme
Court OF Westchester county on appeal from an
order made by Judge +. Barnard The following
decision was delivered by Judge Pratt concurred in
by Judge Gilbert.
This Is an appeal from order made Special Term.
per,eding a common law writ Of eertiorar allowed
% aaa correct m certain tem alleged have been Illegally
town Of West the county Wsss sssa against the
S . ss hs ss esss Sws
a. c and ss v @
Roossss, Vs. Dsps Is g. S @ SS " s
Is., from .sSs., these ea:s aSss
hs Sss no much % but are based
q
acts other ihs sought was 70 compel pub
IL @ Ssd wa wses s% waf !,
sa Ss Ssn tn Os @ wse Te :. the ground
answlsagsd head Of equity ai.acon. They sought III
fssr ss the equity % q Ss h
English courts and in this country with Improper
and dsisrmnaicus Or inferior political Jurisdictions
ss wide sS' and .sss
5nsng TIE record Of the procesdngs Of inferior
q ssn ss
on or sfn IL s S Of ':
body and Demanding Judgment not upon errors in the
sss "a sSR:?e
m IN. ss benefit s o. the whole Tho ~ in The
plaintiff and opens the door excessive iugaton and
dcon and allow every one
There S a: Il S. g a..
s ST As M I
ass %as once
acts IN legal procseSns IN wscs
private Hd,Sias alto 70 asSs
Of ~ New s
ayI nysIahe % dihereuce between case where an indi
!" oasS s BY 4ss sS
Inasmuch the people themselves the pantifs in
S s' %SS%snSs oSsoass
Te p With S 9S1 oIs he has So
seh to wo ia proper eator In writ Of certiorar s
b has rs remedy or eerorar ri''Ss7 es
S Other 3 y T all s geSDs q
have remedy except the Attorney General ft
c OeeI attempt person by an illegal tax, can
be IN o By The Courts but they whole
invesSaton Tha. there is such Of law apparent
where the interest 81 Sa"sa q one ,sqs nd
Ss %b.n Ts ss be %
are invaded The public have the same interest that
a hs' be nsSc d that at The public have interest
be properly performed they have tha, public
be the Of taxpayer to compel assessos
% s & nS VIZ cert
fGIans fIsE sis S13 SSss 'ss wsad Psn
94s; Gray All Cush, sos II Pick sss u Conn., a5ij
On my ~. the In n
moves the records SS more than road opened the
sions and passed At different ncs The parties are d
eaa the hs "'ss s f &c
= sufficient. answer to this pon. to state .has
ss
sought to be brought before the court as for
review w. y the tax % record that alleged to be erroneous
stat Is SSs Provided aa hs
me @ s % s
iSSE . has made more assignments Of error than
are msse or A proper pr n. "a
Illegal sss !ass e. as:
Of rss The ossss Sesr s M
w S1 S yas osp:p % from % s Special to Term
the order Of General Term was not a
,h. Court in the exercise of
s:snas Of e
Justice And public require think f' the
Of The IL &:
is Independent and unconaecied with the other
While other ' sssss
in OF COLLECTION No litigation eas oe
ensae from Judgment for the relaor from the the
hand, the writ quashed each % party ,4s 0s1sp SSa
that tn. and s ss' Of s H. esos
of the town can be injured, but think they win be
benented by decision the whole merits, upon the
ground therefore, that the relaor
that there should be return by the respondent
to Berr1an avenue and In order that the
sidered upon its merits, the order Special
Term superseding the writ should be reversed.
The limits In which this court will its power re-
viewing the and determination of inferior rbu
nails has been the subject Of much discussion
tare of opinions but the rule best by Of
Appeals to be hat proper the Supreme Court
TO review all questions of Jurisdiction power and AUTHORITY
OF the inferior tribunal to do the Of and ali
questions Of regularity In the proceedings that ques
tions whether the inferior tribunal has within the
boundaries prescribed for II by the express the
statute law well settled principles OF the
(SS y, s5) The language above quoted might limit
the inquiry OF this court to the question whether
terior tribunal had jurisdiction OF the subject
ter and whether its proceedings and Judgment were
WITHIN that ursdcon yet In another decided in
tember 1865 the Court of Appeals holds that proper
examine case brought before the court by the
writ OF cerorar the whole evidence ascertain
whether error had been committed in the proceedings
before such inferior tribunal Peop Board OF Police y
NJ T., 5U6) The Supreme Court Of this district, the
amned alleged in the principle
nents for taxes and ordered correction particulars
going TO the entire assessment but making
thelefrom People Board Of Assessors BROOKLYN 80
N T., 3d. II appearing therefore, that the reiaor has
standing court, and that the Commissioners Berrian
Avenue have made RETURN the order made special
term suspendng the writ he
dents required to make n complete return.
Order OF Justice f. Barnard supesedng writ Of cerorari
reversed, with ten dollars costs 10 the appellant