Legal Opinion

People, ex rel. Smith v. Commissioners of the Department of Fire & Buildings

New York Court of Appeals

Decided October 26, 1886PublishedCited by 3 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 12, 1886,. which affirmed an order of Special Term which is set forth in the opinion, wherein also the material facts are stated. The order appealed from is a final order iu a special proceeding, and affects a substantial right and is reviewable in this court. (Code of Civ. Pro., § 190, subd. 3, § 1337; People, ex rel. Vanderbilt, v. Stilwell, 19 N. Y. 531; People, ex rel.

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1Opinion of the CourtRapallo, J.

The order of the General Term in this case is appealable. It affirms a j udgment rendered at Special Term on certiorari, which was in the following words: “ It is ordered and adjudged that the respondents have judgment on the return, and that their action in removing relator from said department of fire and buildings is in every respect affirmed, and that said writ of certiorari be quashed with $10 costs.”

An order which simply quashes a common-law certiorari has-often been held not to be appealable to this court, because the issuing of the writ rests in the discretion of the court, and…

2Cases cited3 opinions

The People v. . StilwellNew York Court of Appeals · 1859
People Ex Rel. Davis v. . HillNew York Court of Appeals · 1873
The People Ex Rel. v. . KnowlesNew York Court of Appeals · 1872

3Cited by3 opinions

City of Knoxville v. ConnorsTennessee Supreme Court · 1917
People Ex Rel. O'Connor v. Board of SupervisorsNew York Court of Appeals · 1897
People ex rel. Tucker v. EnnisNew York City Court · 1889