People v. Stilwell
New York Court of Appeals
Motion to dismiss appeal. The defendants were appointed commissioners under an act of the Legislature, passed April 17, 1854 (Laws of 1854, ch. 370), “’to provide for the continuation of Platbush avenue from the city line of Brooklyn to the town of Platbush.” They proceeded, under the act, to procure by dedication or appropriation the lands required. They also made the necessary contracts for grading, paving, &c., and the work was completed.
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Motion to dismiss appeal. The defendants were appointed commissioners under an act of the Legislature, passed April 17, 1854 (Laws of 1854, ch. 370), “’to provide for the continuation of Platbush avenue from the city line of Brooklyn to the town of Platbush.” They proceeded, under the act, to procure by dedication or appropriation the lands required. They also made the necessary contracts for grading, paving, &c., and the work was completed. They then made a statement of expenses and an assessment upon the owners of lands in the town of Platbush according to the supposed benefits received by…
1Opinion of the CourtComstock, J.
The writ of certiorari I suppose to be a special proceeding, according to the classification of remedies contained in the Code of Procedure (§ 2). The final order in such proceedings can be appealed to this court, where it affects a .substantial right. (Code, §11, subd. 3.) A return being made to the writ, an order quashing it on the merits, or on the ground that no such writ ought to have been issued, is final, because it terminates the proceeding. Such an order can be reviewed in this court, provided it affects a substantial right. But no such right is affected unless the relator is…
2Cases cited1 opinion
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
3Cited by1 opinion
- Cole v. Van KeurenNew York Supreme Court · 1876