Legal Opinion

People ex rel. Devlin v. Peabody

New York Supreme Court

Decided March 15, 1858PublishedCited by 7 opinions

Application for a writ of certiorari. Daniel D. Conover having been appointed by the governor to-fill a vacancy in the office of street commissioner in the 'city of Hew York, made application to Mr. Justice Peabody, one of the-justices of the Supreme Court for the first judicial district, for an-order pursuant to the, provisions of the Revised Statutes (1 Rev. Stats., 125, § 56), for the delivery of the books and papers of the office (Conover’s Case, 5 Ante, 73). Pending the…

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Application for a writ of certiorari. Daniel D. Conover having been appointed by the governor to-fill a vacancy in the office of street commissioner in the 'city of Hew York, made application to Mr. Justice Peabody, one of the-justices of the Supreme Court for the first judicial district, for an-order pursuant to the, provisions of the Revised Statutes (1 Rev. Stats., 125, § 56), for the delivery of the books and papers of the office (Conover’s Case, 5 Ante, 73). Pending the proceedings upon the application, Mr. Devlin applied for and obtained a writ of certiorari to bring the proceedings…

1Opinion of the CourtSutherland, J.

Mr. James T. Brady, on behalf of Charles ^Devlin, moves for a certiorari, to be directed to the Hon. Charles A. Peabody, late one of the justices of this court, directing "him to certify to this court the proceedings had before him in this matter, and the record thereof, together with the testimony taken before him, and the orders made by him, and his decisions .and acts in such proceedings, that the same may be reviewed by this court.

The motion is founded on the verified petition of Charles Devlin, setting forth such proceedings, &c. Mr. D. D. Field, on behalf of Mr. Conover, appears, and…

2Cases cited10 opinions

  1. United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
  2. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  3. Green v. BurkeNew York Supreme Court · 1840
  4. Wilcox v. SmithNew York Supreme Court · 1830
  5. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846

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3Cited by7 opinions

  1. State ex rel. City of Augusta v. LosbyWisconsin Supreme Court · 1902
  2. Stowers v. BlackburnWest Virginia Supreme Court · 1955
  3. State Ex Rel. Scanes v. BabbWest Virginia Supreme Court · 1942
  4. People ex rel. Falk v. DikeNew York Supreme Court · 1902
  5. Harris v. MorangeNew York Marine Court · 1876

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