People ex rel. Citizens' Lighting Co. v. Feitner
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Citizens’ Lighting Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1902, dismissing the writ of certiorari theretofore issued in this action to review an assessment of relator’s personal property.
1Dissent
O’Brien, J. (dissenting):
I concur in the view expressed in the case of People ex rel. Zollikoffer v. Feitner (34 Misc. Rep. 299), that “ the special statutory writ not only permits a review of the jurisdiction and method of procedure, and an inquiry whether there has been a violation of any rule of law or any competent proof of all the essential facts, or a preponderance of proof against the existence of any of those facts, but also authorizes a redetermination of' all questions of fact upon evidence, taken, in part at least, by the Special Term, or under its direction, and thus what is…
2Cases cited1 opinion
- People ex rel. Zollikoffer v. FeitnerNew York Supreme Court · 1901