New York Supreme Court, 1846

Thompson v. Rockwood

Thompson v. Rockwood
New York Supreme Court · Decided April 15, 1846 · Beardsley
2 How. Pr. 136

Counsel

J. Edwards, counsel for motion., Wl. S. Sears, attorney for motion., E. W. Peckham, counsel opposed., Geo. W. Niles, attorney opposed.

Thompson v. Rockwood

Opinion of the Court

Beardsley, Justice.

Denied the motion without costs to either party, on the ground that the appeal from the order of the 16th February last did not bring before the court the order of the 13th December, allowing the certiorari; and stated on the argument, that the circuit judge had no authority to allow the certiorari in the matter: it was a common law certiorari, and not provided for by the statute, and that in his opinion the certiorari was not of any force or effect.

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