Rugg v. State

In passing upon the order appealed from, our power is to be applied to a review of the discretion which was exercised by the Judge of the Court of Claims in his denial of the application. We are not at liberty to consider the application de novo. If the discretion in question turned upon a reasonable basis we are thereby constrained. We are not to hear and pass upon the application. As an appellate court we are only to determine whether its denial was an abuse of the discretion which was confided a Judge of the Court of Claims and not to us. (Court of Claims Act, § 10, subd. 5.) We recognized…