Ex parte Albany Water Works Co. v. Albany Mayor's Court

12 Wend. 292

Opinion

By the Court,

Sutherland, J.

We decline passing upon the merits of this application until after notice shall have been given to the attorney of the corporation. As the effect of a certiorari in this case probably would be to suspend the proceedings, and the allowance of,it may produce much incon-veniente, it is proper that the parties interested should have an opportunity to be heard on the original application. The court will not for the future entertain motions for a certiorari removing proceedings of this kind, or for a mandamns or a rule to show cause, unless upon notice to the parties to be affected by the proceeding.