Board of Tenement House Supervision v. Gruber

The opinion of the court was delivered by

Swayze, J.

This is a motion to dismiss an appeal taken by the defendant in proceedings brought by the hoard of tenement house supervision, under the act of 1904. Pamph. L., p. 96. The ground of the motion is that the only remedy is by certiorari.

It must be conceded that the language of the act of 1903, which allows appeals in any action or proceeding in any District Court, is sufficient to warrant the appeal. It is argued, however, that the proceedings under the act of 1904 are of a summary character, the form of conviction being prescribed by the…