People ex rel. Harvey v. Heath
New York Supreme Court
This was a common law certiorari to referees appointed by the county judge of Cattaraugus county, to review the order of commissioners of highways, touching the laying out of a highway. The referees reversed the order, and this court affirmed their order, and the question now presented, is, shall the prevailing party have costs ?
1Opinion of the Court
By the court, Marvin, Justice.
In The People, ex rel., &c. agt. Flake and others, (14 How. Pr. R., 527,) it was held that costs might be awarded under § 318 of the Code. To reach this result, the learned justice, after tracing the history of the law to the appointment of these referees, taking the place of the then judges of the old common pleas, expressed the opinion that they were a court of inferior jurisdiction within the meaning of the section 318 of the Code. I cannot concur in the opinion that the then common pleas judges, under the system of the Revised Statutes to whom an appeal was…
2Cases cited2 opinions
- United States v. BromleySupreme Court of the United States · 1851
- In re the Mayor of New-YorkNew York Supreme Court · 1827
3Cited by5 opinions
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- People ex rel. Watt v. ZuccaAppellate Division of the Supreme Court of the State of New York · 1914
- Caldwell's CaseNew York Supreme Court · 1862
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- People ex rel. Green v. SmithNew York Supreme Court · 1878