People Ex Rel. Bronx Gas & Electric Co. v. Barker
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.
Opinion
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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Cite This Page — Counsel Stack
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.