Legal Opinion

People ex rel. Pierce v. Covill

New York Supreme Court

Decided April 15, 1880Published

Appeal from an order made at Special Term, quashing a writ of certiorari. On the 11th day of March, 1878, proceedings were commenced under article 1, title 10, chapter 8, part 8 of -the Revised Statutes, before the county judge of Franklin county, by the plaintiff, James H. Pierce, against the defendants, for an alleged forcible entry and detainer, and upon the complaint of Pierce the county judge issued a precept for a jury, returnable at his office at Malone, N. Y., upon…

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Appeal from an order made at Special Term, quashing a writ of certiorari. On the 11th day of March, 1878, proceedings were commenced under article 1, title 10, chapter 8, part 8 of -the Revised Statutes, before the county judge of Franklin county, by the plaintiff, James H. Pierce, against the defendants, for an alleged forcible entry and detainer, and upon the complaint of Pierce the county judge issued a precept for a jury, returnable at his office at Malone, N. Y., upon Saturday, the 16th day of March, 1878, at which time the parties appeared and such proceedings were had, that an…

1Opinion of the Court

Boardman, J. :

Ordinary writs of certiorari do not issue until a final determination has been had in the inferior court or tribunal. (People ex rel. Dickinson v. Super’s Livingston, 43 Barb., 232, affirmed 34 N. Y., 516, and cases cited.) But this is not strictly true in cases of summary proceedings for forcible entry and detainer. Such proceedings may be removed into the Supreme Court by certiorari at any time after inquisition (2 R. S., 510, §§ 19, 20, 21, 22), but not before inquisition. (Haines v. Backus, 4 Wend., 213.) The proceedings on such removal are given in the sections above…

2Cases cited3 opinions

  1. People ex rel. Dickinson v. Board of SupervisorsNew York Supreme Court · 1864
  2. The People v. . Supervisors of LivingstonNew York Court of Appeals · 1866
  3. Haines v. BackusNew York Supreme Court · 1830

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