People Ex Rel. N.Y.C. H.R.R. Co. v. . Priest

The certiorari in this case was granted at a Special Term of the Supreme Court in the city and county of New York, the part of the relator's road assessed for special franchise being there situated, and was made returnable at a Special Term to be held in that county. Thereupon the appellants moved to quash the writ on two grounds: First, that the writ could be allowed only at a Special Term or by a justice of the Supreme Court in the third judicial district; second, that the writ should have been made returnable in that district. This motion was granted by the Special Term and the writ…