Page:Federal Reporter, 1st Series, Volume 2.djvu/529

 522 FEDEEAL EBPOKTEB. �that the supreme court, at general term, shall have power at any time, by the usual process of said court in like cases, on notice and for good cause shown, to prevent, by injunction, the issuing of the bonds. �Section 4 of the act of May 12, 1871, providea as foUows: "Eeview of proceedings under the acts hereby amended," (that is 1869, c. 907, and 1870, c. 507,) "shall be by certiorari, and no certiorari shall be allowed unless said writ shall be allowed within 60 days after the last publication of the notice of the judge's final determination, as provided in section 2 of this act. ••**** On the return of the certiorari the court out of which the same issued shall pro- ceed to consider the matter brought up thereby, and shall review ail questions of law or of fact determined for or against either party by the, oounty judge. And the said courts, or court of appeals, in appeals now pending, and in ail future proceedings, may reverse, or affirm, or modify, in ail questions of law or fact, his final determination, or may remand the whole matter baek to said county judge to be again heard and determined by him. * * * Applica- tions for certiorari shall be on notice. On review, persons taxed for dogs or highway tax only shall not be counted as tax payera, unless that olaim was made before the county judge. * • •" �At the trial the plaintiff put in evidence the judgment roll of the judgment of the county judge of the county of Yates, recorded and entered in the book of judgments of that county on the ninth of October, 1871. There is, first, the petition, which was filed with the county judge on the fourth of Au- gust, 1871, and bears 246 signatures. It is in these words : "To the Honorable, the County Judge of the County of ïates : The undersigned respectfully represent that they are a ma- jority of the tax payers of the town of Potter, in the county of Yates, whose names appear upon the last preceding tax list or assessment roll of said town as owning or represent- ing a majority of the taxable property in the corporate limita of said town ; and they f urther represent that they desire that said town of Potter shall create and issue its bonds to the ����