People ex rel. Noble v. Board of Commissioners of Pilots

37 Barb. 126, 1862 N.Y. App. Div. LEXIS 124

Opinion

By the Court,

Barnard, J.

Section 23 of the pilot .law gives the relator ample remedy by appeal for a rehearing, to the commissioners. We cannot assume that that "body, will necessarily adhere to their previous decision; but on the contrary must assume that if that body is convinced, on a rehearing, that the former proceedings were irregular, or that the former decision was erroneous either upon the facts or the law, it will promptly reverse its former decision. This remedy of a rehearing being given, the writ of certiorari should not be granted till such remedy has been exhausted.

Order affirmedj with $10 costs.

Ingraham, Leonard and Barnard, Justices.]