People ex rel. Rochester Telephone Co. v. Priest
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the Rochester Telephone Company, from an order of the Supreme Court, made at the Albany Special Term • and entered in the office of the clerk of the . county of Albany on the 1st day of February, 1904, directing that The City of Rochester be made a party defendant in this proceeding, with leave to serve its answer to the relator’s petition, and with leave by such answer to raise certain issues and to litigate the same.
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Appeal by the relator, the Rochester Telephone Company, from an order of the Supreme Court, made at the Albany Special Term • and entered in the office of the clerk of the . county of Albany on the 1st day of February, 1904, directing that The City of Rochester be made a party defendant in this proceeding, with leave to serve its answer to the relator’s petition, and with leave by such answer to raise certain issues and to litigate the same. The relator is a telephone corporation operating a telephone system in the city of Rochester. In 1903 the respondents fixed and determined the valuation…
1Opinion of the Court
Chase, J.:
Certiorari, except as it has been enlarged and extended by statute, is a common-law writ. In its office it is confined to reviewing proceedings of inferior courts, officers, boards and tribunals where *46there is no other' remedy provided by statute. The writ in terms directs inferior courts, officers, boards or tribunals to certify to the superior court the record, of their proceedings for inspection and review, and the writ can run only to persons or tribunals that have acted judicially in making the determination sought to be reviewed. The purpose and extent of a statutory writ is…
2Cases cited2 opinions
- Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1902
- People, Ex Rel. Wallkill Valley Railroad Co. v. . KeatorNew York Court of Appeals · 1885
3Cited by6 opinions
- Ensenada Estates, Inc. v. HillSupreme Court of Puerto Rico · 1916
- Layman v. PersonsNew York Supreme Court · 1928
- Teleprompter Manhattan City Corp. v. State Board of Equalization & AssessmentNew York Supreme Court · 1969
- Ensenada Estates, Inc. v. HillSupreme Court of Puerto Rico · 1916
- People ex rel. Buffalo Railway Co. v. PriestAppellate Division of the Supreme Court of the State of New York · 1905
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