4 Wend. 213
Decided May 15, 1830
New York Supreme Court · decided 1830-05-15
Motion to quash certiorari. A complaint in writing, duly verified, was made to a judge of the Herkimer county courts, for a forcible entry and detainer. The judge issued a precept to summon a jury to enquire as to the complaint made, and notice of the proceeding was given to the parties complained of.
Cited by 2 later decisions — most recently October 1886
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1830-05-15
View the full empirical analysis of this case →
¶1By the Court,
¶2The certiorari was clearly premature. Until inquisition found, there was nothing to remove. An inquisition cannot be found in this court; it can be obtained only in the method prescribed by statute, which manifestly contemplates the finding of the inquisition previous to the removal of the proceedings into this court. (2 R. S. 510, 11, § 20, 21, 22.)