Patchin v. Mayor of Brooklyn
New York Supreme Court
This was a motion for an attachment against several individuals, members of the common council of Brooklyn, and officers acting by their authority, for contempt of this court, as alleged, in proceeding to open a street in that city after the service of a certiorari, which, it was contended on the part of the plaintiff in that writ, operated per se as a stay of the proceedings under which the corporation claimed the right to open the street.
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This was a motion for an attachment against several individuals, members of the common council of Brooklyn, and officers acting by their authority, for contempt of this court, as alleged, in proceeding to open a street in that city after the service of a certiorari, which, it was contended on the part of the plaintiff in that writ, operated per se as a stay of the proceedings under which the corporation claimed the right to open the street. The certiorari was allowed by this court, directed to the justices of this court, acting as commissioners in confirming the report of commissioners of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question is whether the delivery of the certiorari was a stay of proceedings. Ic is said in Bacon's Abr. tit. Certiorari, G., that it is clearly settled, that after a certiorari is allowed (i. e. received) by the court below, all subsequent proceedings on the record are erroneous. So in Comyn's Dig. tit, Certiorari, E.: If a certiorari be delivered to a justice of the peace, or other justice to *666w^om ^ directed, it shall be a supersedeas, and every proceeding afterwards is a contempt. Both cite the same cases. The Queen v. Nash, 1 Salk. 147, was a…
2Cases cited2 opinions
- Case v. ShepherdNew York Supreme Court · 1800
- Wolfe v. HortonNew York Supreme Court · 1805
3Cited by31 opinions
- Harwood v. Bruhn Et UxSupreme Court of Pennsylvania · 1933
- Ewing v. ThompsonSupreme Court of Pennsylvania · 1862
- Case v. ShepherdNew York Supreme Court · 1800
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
- In re CaryDistrict Court, S.D. New York · 1882
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