A Treatise On the Legal Remedies of Mandamus And Prohibition, Habeas Corpus, Certiorari And Quo Warranto

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^roo%?i, 13 Wend., 664; " Miillms v. The People, 24 Conover Case, 5 Abb. Pr., K". Y., 403 ; Rathbun v.
182. Sawyer, 15 Wend., 452.
2 GERTIORAEI. 201 of land, the court will require the return of so much of the evidence as is necessary to show that the relation of landlord and tenant existed between the parties.^ So, on certiorari to the sessions, in a bas- tardy case, the court may order the sessions to return such facts as are necessary to review the law of the case.^ So, on a certiorari to th
...e general sessions to remove their proceedings, on an order of settlement, the sessions will be compelled to return the evidence and points of law.^ In the return of a regimental court-martial to a certiorari to review their proceedings, in imposing a fine, the facts or evidence are not to be returned any further than is necessary to enable the court to determine upon a point of jurisdiction or other question of law arising in the course of the proceeding.'* Upon a common law certiorari to the referees in highway cases, to review their proceedings on an appeal from the highway commissioners, all facts and evidence bearing on the question of jurisdiction must be re- turned, including that in relation to the character and termini of the proposed road, and that which relates to the validity of the application to the com- ^ Benjamin v.

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