Comstock v. Porter
New York Supreme Court
Motion to quash a certiorari. The plaintiff sued out a certiorari to remove a justice’s judgment rendered for the sum of $39 into this court. The certiorari was allowed by a commissioner, without leave having previously been obtained from the court.
1Opinion of the Court
By the Court,
Marcy, J.
In this case a motion was made at the last May term to compel a supreme court commissioner to allow an appeal, which motion was denied. 4 Wend. R. 203. The party had lost his right to an appeal by neglecting to make his affidavit within the time prescribed by the statute. The same officer subsequently allowed a certiorari which this motion seeks to have dismissed. The judgment below exceeds twenty-five dollars, and consequently cannot be reviewed by certiorari by virtue of the statute. The party suing out the writ stands upon his common law rights. He insists that…
2Cited by11 opinions
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