Colden v. Botts

12 Wend. 234 | N.Y. Sup. Ct. | 1834

In a caase a certiorari was sued out to remove proceedings had under the statute, 2 R. S, 511, &c. authorizing summary proceedings to obtain the possession of land in certain cases, and a return had been made to the writ, and on motion by the defendant to quash the certiorari, it was held, by the Chief Justice, that a party having no interest in the subject matter of the proceedings was not entitled to prosecute a certiorari, and he accordingly quashed the writ.