People, Ex Rel. Smith v. . Com'rs, Etc., Brooklyn

The order of the General Term in this case is appealable. It affirms a judgment rendered at Special Term on certiorari, which was in the following words: "It is ordered and adjudged that the respondents have judgment on the return, and that their action in removing relator from said department of fire and buildings is in every respect affirmed, and that said writ ofcertiorari be quashed with $10 costs."

An order which simply quashes a common-law certiorari has often been held not to be appealable to this court, because the issuing of the writ rests in the discretion of the court, and…