Ex parte Albany Water Works Co. v. Albany Mayor's Court
New York Supreme Court
The relators in this case asked for a certorari, removing into this court the proceedings had in the opening of a public square, in rear of the contemplated state buildings about to be erected in Eagle street, in the city of Albany, on the alleged ground that real estate belonging to the relators had improperly been assessed for benefit.
1Opinion of the Court
By the Court,
Sutherland, J.
We decline passing upon the merits of this application until after notice shall have been given to the attorney of the corporation. As the effect of a certiorari in this case probably would be to suspend the proceedings, and the allowance of,it may produce much incon-veniente, it is proper that the parties interested should have an opportunity to be heard on the original application. The court will not for the future entertain motions for a certiorari removing proceedings of this kind, or for a mandamns or a rule to show cause, unless upon notice to the parties to…
2Cited by5 opinions
- Ex parte GarlandSupreme Court of Alabama · 1868
- Fish v. WeatherwaxNew York Supreme Court · 1801
- In re BruniNew York Supreme Court · 1847
- People ex. rel. Wiswall v. Judges of Rensselaer Common PleasNew York Supreme Court · 1847
- In re Lexington AvenueNew York Supreme Court · 1875