People ex rel. Spencer v. Fuller
New York Supreme Court
Motion for reargument of an appeal from an order of special term, refusing to set aside judgment for costs in a proceeding by common law certiorari, or to modify the judgment in respect to the costs. The certiorari was brought to review the proceedings of the county judge of Monroe county, in a matter upon habeas corpus. Upon the hearing, the order of the county judge was affirmed, and judgment for costs ordered against the relator.
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Motion for reargument of an appeal from an order of special term, refusing to set aside judgment for costs in a proceeding by common law certiorari, or to modify the judgment in respect to the costs. The certiorari was brought to review the proceedings of the county judge of Monroe county, in a matter upon habeas corpus. Upon the hearing, the order of the county judge was affirmed, and judgment for costs ordered against the relator. Motion was then made on behalf of the relator at special term, to set aside the judgment for costs, or to modify the same, on the ground that no costs were…
1Opinion of the Court
By the court, Johnson, J.
A certified copy of the order for judgment in the case of The People agt. Board of Police, (39 N. Y., 506 ;) also a letter from the judge who delivered the opinion in that case, and a letter from the reporter of the court are produced on this motion, showing that the judgment of the court below in that case, instead of being affirmed as appears from the report thereof, was reversed as to costs, which the court below had given, and affirmed only as to the residue, in accordance with the opinion of the judge by whom the principal opinion was delivered. We are also…
2Cases cited3 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Matter of Canal and Walker StreetsNew York Court of Appeals · 1855
- People ex rel. Van Rensselaer v. Van AlstyneNew York Court of Appeals · 1866