People ex rel. Dawley v. Wilson
Appellate Division of the Supreme Court of the State of New York
Remittitur from the Court of Appeals of an appeal by the relator, Frank E. Dawley, from an order of the Appellate Division, Third Department, entered on the 13th day of July, 1921, reversing an order entered upon an appeal by the defendants, Charles S. Wilson and others, from an order of the Supreme Court, made at the Albany Special Term on the 21st day of August, 1920, except that part of said order which disallowed one claim of the relator, and also from an order, entered…
Read the full summary
Remittitur from the Court of Appeals of an appeal by the relator, Frank E. Dawley, from an order of the Appellate Division, Third Department, entered on the 13th day of July, 1921, reversing an order entered upon an appeal by the defendants, Charles S. Wilson and others, from an order of the Supreme Court, made at the Albany Special Term on the 21st day of August, 1920, except that part of said order which disallowed one claim of the relator, and also from an order, entered in the office of the clerk of the county of Albany on the 24th day of July, 1920, directing that a writ of certiorari…
1Per curiam
The writ of certiorari herein is not authorized by statute but is valid as a common-law writ. (People ex rel. Dawley v. Wilson, 232 N. Y. 12.) As such the matter should be heard in the first instance in this court and the order of the Special Term assessing the damages was unauthorized. (Code Civ. Proc. § 2138.) From that order the Attorney-General has appealed. (198 App. Div. 158.) A reversal thereof will leave pending in this court the writ of certiorari to be disposed of as a common-law writ. The determination sought to be reviewed by the relator is clearly erroneous for the reason that it…
2Cases cited2 opinions
- People Ex Rel. Dawley v. . WilsonNew York Court of Appeals · 1921
- People ex rel. Dawley v. WilsonAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by5 opinions
- People Ex Rel. Smith v. WalshNew York Court of Appeals · 1925
- Platt v. MurdockNew York Supreme Court · 1959
- Strong v. PyrkeNew York Supreme Court · 1930
- People ex rel. Dawley v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Dawley v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922