People Ex Rel. Livermore v. Hamilton
New York Court of Appeals
The Defendant Hamilton instituted summary proceedings under the statute, before Thomas Stewart, Esq., a Justice of the District Court for the First Judicial District in the city of Hew York, on the 12th day of May, 1862, to remove the Eelators, as tenants, holding over after their lease had expired, of certain premises in the city of Hew York. The Eelators appeared, and an issue of fact was joined by the affidavits interposed and filed by the Eelators.
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The Defendant Hamilton instituted summary proceedings under the statute, before Thomas Stewart, Esq., a Justice of the District Court for the First Judicial District in the city of Hew York, on the 12th day of May, 1862, to remove the Eelators, as tenants, holding over after their lease had expired, of certain premises in the city of Hew York. The Eelators appeared, and an issue of fact was joined by the affidavits interposed and filed by the Eelators. A jury was summoned in accordance with the provisions of the statute, and the twelve jurors nominated by the said Justice were summoned to try…
1Opinion of the CourtMason, J.
The Respondents claim, and insist, that no appeal lies to the Court of Appeals from the determination of the General Term in this case. Since the amendment made to §11 of the Code (chap. 723 of the Laws of 1857), an appeal lies to this Court from a final order affecting a substantial right made in a special proceeding, at a General Term of the Supreme Court (Code, § 11, sub. 3). This is not a common law certiorari, where the Supreme Court is limited to a review of the question of jurisdiction and the regularity of the proceedings.
Hnder this statutory writ, the Supreme Court is authorized to…
2Cited by16 opinions
- Waggoner v. DodsonTexas Supreme Court · 1902
- Seymour v. HughesAppellate Terms of the Supreme Court of New York · 1907
- Fisch v. ChasonCivil Court of the City of New York · 1979
- Lasher v. Curry, New York County Courts1901
- People ex rel. Baldwin v. GoldfogleNew York Supreme Court · 1894
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