Winegrath v. Mayor of Fairview

The opinion of the court was delivered by

MiNTüRN, J.

The sole question for determination upon this application is one of practice, viz., whether a justice of the Supreme Court who allows a writ of certiorari may subsequently, and before the return of the writ, vacate the allo-catur after hearing and upon due notice.

The “Act relative to the writ of certiorari ’’ Revision of 1903 (Pamph. L., p. 343, § 1), empowers a justice of the Supreme Court to allow the writ in term time or in vacation, and also empowers him to make all necessary orders thereon. Section 4 of the act authorizes the justice to…