People, Ex Rel. Mayor, Etc. v. . McCarthy
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the third judicial department made February 5,1886, the nature of which and the material facts are stated in the opinion. Certiorari was the proper remedy. (Mayor, etc., v. Davenport, 92 N. Y. 611, 613; Bellinger v. Gray, 51 id. 610; Code of Civ. Pro., §§ 2140, 2141; Lawton v. Com'rs of Highways, 2 Cai. 182 ; State v. Middlesex, 39 N. Y. 516; People, ex rel. v. Bd.
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Appeal from, order of the General Term of the Supreme Court, in the third judicial department made February 5,1886, the nature of which and the material facts are stated in the opinion. Certiorari was the proper remedy. (Mayor, etc., v. Davenport, 92 N. Y. 611, 613; Bellinger v. Gray, 51 id. 610; Code of Civ. Pro., §§ 2140, 2141; Lawton v. Com'rs of Highways, 2 Cai. 182 ; State v. Middlesex, 39 N. Y. 516; People, ex rel. v. Bd. Fire Com'rs, 100 id. 85.) The order quashing the certiorari is appealable to this court; and this court should now entertain the appeal and review the case. (People v.…
1Opinion of the Court
Roger, Ch. J.
This is an appeal by the relator, from an order of the General Term of the Supreme Court, for alleged error in quashing a writ of certiorari issued to the State board of equalization, to obtain a review of its proceedings in equalizing appraisements of property in the State between the several counties for purposes of taxation, during the year 1885. The-writ was applied for under the provisions of the Code of Civil Procedure, which, by express provision, makes its allowance discretionary with the court. (§ 2127.) Such an order is not reviewable by this court. If. the court in…
2Cases cited6 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Mayor, Etc., of City of N.Y. v. . DavenportNew York Court of Appeals · 1883
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- Northern Pac. Ry. Co. v. Adams CountyDistrict Court, E.D. Washington · 1932
- People Ex Rel. Uvalde Asphalt Paving Co. v. SeamanNew York Court of Appeals · 1916
- Armstrong v. MurphyAppellate Division of the Supreme Court of the State of New York · 1901
21 more not listed; retrieve them via the Exa API.