Opinion

Almindie v. Board of Excise Commissioners

  • 73 N.J.L. 464
  • 44 Vroom 464
  • 63 A. 867
  • 1906 N.J. Sup. Ct. LEXIS 113
Court
Supreme Court of New Jersey
Filed
Jun 11, 1906
Status
Published
Author
Pitney
On the bench
Fort, Pitney, Reed
Cited by
0 cases

The opinion

*465 The opinion of the court was delivered by

Pitney, J.

We are asked to allow a writ of certiorari for the purpose of reviewing a complaint that has been made in writing, under oath, against the applicant, Almindie, charging him with violation of an ordinance of the board of excise commissioners of the city of Camden. Upon this complaint a warrant has been issued for Almindie’s arrest to answer the charge therein contained. Whether he has been taken into custody does not appear.

The application for certiorari in this case is premature, there being as yet no adjudication against the applicant. Where the function of a certiorari is the same as that of a writ of error, it will not, in ordinary cases, be issued until the conclusion of the proceedings that are to be reviewed. State, Elder, pros., v. District Medical Society, 6 Vroom 200; State, Hoxsey, pros., v. Paterson, 10 Id. 489, 493; Drake v. Plume, 15 Id. 362; Farrow v. Springer, 28 Id. 353; Unger v. Fanwood, 40 Id. 548.

The application will therefore be denied, with costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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