People ex rel. Titsworth v. Nash
New York Supreme Court
Application by John P. Titsworth, commissioner of highways of the town •of Groveland, for certiorari to Edwin A. Nash, county judge of Livingston ■county, to review an order made by him, confirming the report of commissioners appointed by him in proceedings to lay out a highway.
1Opinion of the CourtDwight, P. J.
The .objection that certiorari will not lie to review the or■der in question is not well taken. The order is not a “determination which •can be adequately reviewed by an appeal to a court or to some other body or •officer.” Code Civil Proc. § 2122. The order is not one “made by a Court of record * * * or a judge thereof, in a special proceeding instituted in that court, or before a judge thereof, pursuant to a special statutory provision,” nor “instituted before another judge, and transferred to or continued before the judge who made the final order,”.(Id. § 1357;) and therefore an appeal…
2Cases cited1 opinion
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
3Cited by2 opinions
- People ex rel. Hanford v. ThayerNew York Supreme Court · 1895
- People ex rel. Delaware, Lackawanna & Western Railroad v. County CourtAppellate Division of the Supreme Court of the State of New York · 1896