People ex rel. Astor v. Stillings

By one of those anomalies characteristic of the practice in certiorari proceeding's in this State, a third party, namely the City of Eew York, is brought in. It now moves to strike out a portion of the writ. Relator does not contend that it cannot make such a motion, and I, therefore, assume that it can do so. The writ, apart from the matter objected to, directs the certification and return of “ your record and proceedings in respect to the said claim for damages, on the said second trial, resulting in your said decision and determination dismissing the said claim for damages on the merits as…