People Ex Rel. Dawley v. . Wilson
New York Court of Appeals
Appeal from an .order of the Appellate Division of the Supreme Court in the third judicial department, entered July 13, 1921, which reversed an order of Special Term increasing, on certiorari, an award made by respondent to the relator for the value of sheep killed by dogs, and dismissed the proceeding. The council acting in a judicial capacity, its decision can be reviewed by a writ of certiorari. (People ex rel. Martin v. Westchester County, 57 App.
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Appeal from an .order of the Appellate Division of the Supreme Court in the third judicial department, entered July 13, 1921, which reversed an order of Special Term increasing, on certiorari, an award made by respondent to the relator for the value of sheep killed by dogs, and dismissed the proceeding. The council acting in a judicial capacity, its decision can be reviewed by a writ of certiorari. (People ex rel. Martin v. Westchester County, 57 App. Div. 135; People ex rel. Depew, etc., v. Board of Railroad Commissioners, 4 App. Div. 259; People ex rel. N. Y. C. & H. R. R. R. Co. v. Board…
1Opinion of the CourtPound, J.
The first question that presents itself is whether the order is appealable. It dismisses a certiorari proceeding. The order is silent as to the reason. The opinion indicates that it was dismissed as matter of law and not in the exercise of discretion. The order is appealable. (People ex rel. Flynn v. Woods, 218 N. Y. 124.)
Relator presented a claim for $3,097 to the commissioner of agriculture under chapter 800, Laws of 1917, amending the Agricultural Law (Cons. Laws, ch. 1), section 139-f of which provided that the owner of domestic animals killed by dogs might present a verified claim for…
2Cases cited2 opinions
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- People Ex Rel. Flynn v. . WoodsNew York Court of Appeals · 1916
3Cited by6 opinions
- People ex rel. Dawley v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922
- In re BeckleyAppellate Division of the Supreme Court of the State of New York · 1926
- Andes Cooperative Dairy Co. v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1933
- People ex rel. Nash v. LoughmanAppellate Division of the Supreme Court of the State of New York · 1927
- In re September 11 LitigationCourt of Appeals for the Second Circuit · 2015
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