In re Hook

New York Supreme Court

In re Hook

55 Barb. 257, 1869 N.Y. App. Div. LEXIS 80

DecidedNovember 1, 1869

StatusPublished

This text of 55 Barb. 257 (In re Hook) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hook, 55 Barb. 257, 1869 N.Y. App. Div. LEXIS 80 (N.Y. Super. Ct. 1869).

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Opinions

Cardozo, J.

The statute of 1860 (Sess. Laws of 1860, chap. 508, p. 1007) provides that “any appeal from or amendment to” an order like that before us, shall be “exclusively” to the court of special sessions. (§4.) I think, therefore, that we should not review the proceedings. It is no answer to say that the court of sessions will not, for it may be compelled to do so by mandamus; and as no period is limited for an appeal, the relator can bring the matter before the court, to which the statute gives “ exclusive ” jurisdiction, at any time. He is not, therefore, with.out remedy.

I think the writ should be dismissed.

Sutherland, J., concurred.

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Cardozo, J.

The statute of 1860 (Sess. Laws of 1860, chap. 508, p. 1007) provides that “any appeal from or amendment to” an order like that before us, shall be “exclusively” to the court of special sessions. (§4.) I think, therefore, that we should not review the proceedings. It is no answer to say that the court of sessions will not, for it may be compelled to do so by mandamus; and as no period is limited for an appeal, the relator can bring the matter before the court, to which the statute gives “ exclusive ” jurisdiction, at any time. He is not, therefore, with.out remedy.

I think the writ should be dismissed.

Sutherland, J., concurred.

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Bluebook (online)

55 Barb. 257, 1869 N.Y. App. Div. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hook-nysupct-1869.