New York Supreme Court, 1840

In re Carlton-street

In re Carlton-street
New York Supreme Court · Decided February 15, 1840 · Cowen
20 Wend. 685

Counsel

J. L. Wendell moved for the allowance of a certiorari,, M. T. Beynolds was proceeding to oppose the motion,

In re Carlton-street

Opinion of the Court

Mr. Justice Cowen,

who observed, that on a motion of this kind, the decision of the court on the confirmation of the report would not be reviewed ; that the certiorari being asked for the purpose avowed, it was a matter of course to grant it, the proceeding being in substance the same as drawing up a case in a subordinate court for the purpose of enabling a party to prosecute a writ of error, which this court would require to be done.

Motion granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.