People ex rel. Devlin v. Peabody
New York Supreme Court
Motion to supersede a writ of certiorari. The certiorari in question was issued at the instance of Charles Devlin to bring into the Supreme Court for review, proceedings had before Mr. Justice Peabody under 1 Revised Statutes, 125, § 56, on an application for an order for the delivery by Devlin to one Daniel D. Conover of the books and papers appertaining to the office of street commissioner, in the city of NewYork.
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Motion to supersede a writ of certiorari. The certiorari in question was issued at the instance of Charles Devlin to bring into the Supreme Court for review, proceedings had before Mr. Justice Peabody under 1 Revised Statutes, 125, § 56, on an application for an order for the delivery by Devlin to one Daniel D. Conover of the books and papers appertaining to the office of street commissioner, in the city of NewYork. Those proceedings are reported, Ante 73. On an application for a warrant of arrest and search-warrant in execution of the order of Mr. Justice Peabody, granting Con-over’s…
1Opinion of the CourtDavies, J.
The motion in this matter to supersede the writ of certiorari, is founded upon the allegation that the proceedings before the officer, which are thought to be reviewed by it, are yet incomplete and unfinished. The object of the writ is to obtain the judgment of this court before the questions are decided by the officer before whom these proceedings are pending.
A writ of certiorari is the appropriate remedy to obtain a review by this court of the decisions and proceedings of inferior tribunals, not of record, and the writ is generally allowed as a matter of course, unless it is apparent to the…
2Cases cited2 opinions
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Lynde v. NobleNew York Supreme Court · 1822
3Cited by5 opinions
- Ex parte ScottSupreme Court of Alabama · 1872
- People ex rel. Curtis v. Common CouncilNew York Supreme Court · 1873
- Grinager v. Town of NorwaySupreme Court of Minnesota · 1885
- People ex rel. Deutsch v. DaltonNew York Court of Common Pleas · 1894
- People v. CooperNew York Supreme Court · 1880