People Ex Rel. Bronx Gas & Electric Co. v. Barker

49 N.E. 775, 155 N.Y. 308, 9 E.H. Smith 308, 1898 N.Y. LEXIS 872
CourtNew York Court of Appeals
DecidedMarch 8, 1898
StatusPublished
Cited by1 cases

This text of 49 N.E. 775 (People Ex Rel. Bronx Gas & Electric Co. v. Barker) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Bronx Gas & Electric Co. v. Barker, 49 N.E. 775, 155 N.Y. 308, 9 E.H. Smith 308, 1898 N.Y. LEXIS 872 (N.Y. 1898).

Opinion

Haight, J.

The order appealed from not only reversed the order of the Special Term quashing the writ of certiorari, but reinstated the writ and remitted the proceedings to the Special Term for its determination upon the merits. Such determination may be in favor of the appellants.

The order appealed from is not an order finally determining a special proceeding, and, consequently, it is not appealable to this court. (Code C. P. § 190.)

The appeal should be dismissed, with costs.

All concur, except Gray, J., absent.

Appeal dismissed.

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Related

Best v. Patten
158 Misc. 8 (New York Supreme Court, 1936)

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Bluebook (online)
49 N.E. 775, 155 N.Y. 308, 9 E.H. Smith 308, 1898 N.Y. LEXIS 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-bronx-gas-electric-co-v-barker-ny-1898.