Jackson ex dem. Dox v. Jackson

New York Supreme Court

Jackson ex dem. Dox v. Jackson

3 Cow. 73

Procedural entryThis page is a short order in Jackson ex dem. Dox v. Jackson. Read the opinion of the Court — 5 Cow. 173 →

New York Supreme Court·Decided August 15, 1824·Published

Opinion

Curia.

The chamber powers of a commissioner are, by the statute, made equal to those of a Judge of this Court. [75]*75^he expediency of granting such a" power is not in question. The commissioner may have acted indiscreetly ; but whether this be so or not, the party has mistaken his remedy. Should the commissioner refuse to revoke an order granted upon insufficient grounds, we might, on appeal, summarily review the matter, and revoke it ourselves. But the order eannot be treated as a nullity.

Motion granted.-

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Curia.

The chamber powers of a commissioner are, by the statute, made equal to those of a Judge of this Court. [75]*75^he expediency of granting such a" power is not in question. The commissioner may have acted indiscreetly ; but whether this be so or not, the party has mistaken his remedy. Should the commissioner refuse to revoke an order granted upon insufficient grounds, we might, on appeal, summarily review the matter, and revoke it ourselves. But the order eannot be treated as a nullity.

Motion granted.-

Jackson ex dem. Dox v. Jackson, 3 Cow. 73 (N.Y. Super. Ct. 1824).

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