People Ex Rel. Smith v. . Village of Nelliston
Cases that cite this one
9 later published cases cite this decision.
- Horton v. State ex rel. Hayden (Neb. 1901)
- Fry v. Village of Tarrytown (New York Supreme Court 1998)
- State ex rel. Caldwell v. Lincoln Street Railway Co. (Neb. 1907)
- People ex rel. Hall v. Board of Town Auditors (Appellate Division of the Supreme Court of New York 1899)
- Franklin Bank Note Co. v. Mackey (N.Y. 1899)
- Kimpton v. Jubilee Placer Mining Co. (Mont. 1895)
- Bradley-Currier Co. v. Lally (New York Court of Common Pleas 1894)
- People ex rel. Platt v. Rice (New York Supreme Court 1893)
- Thompson v. Kearney (New York Court of Common Pleas 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There is some uncertainty in the practice as to the precise time when this court loses jurisdiction of a cause brought here upon appeal: (Burkle v. Luce, 1 Com., 239; Martin v. Wilson, id., 240; Palmer v. Lawrence, 1 Seld., 455; Seacord v. Morgan, 17 How. Pr., 394; Wilmerdings v. Fowler, 15 Abb. Pr. [N. S.], 86; Cushman v. Hadfield, id., 109.) For the purpose of settling this uncertainty, we now hold that jurisdiction in this court is not lost until the remittitur has been filed in the court below, and that court has taken some action thereon.
*639 " This court, therefore, had jurisdiction to make the order now complained of.
Wo have carefully considered the matter of costs, and are of opinion that the respondents should not have costs. Their allowance was not in conformity with our actual decision. The costs on appeal here claimed were in a certiorari proceeding, and it matters not in what form the proceeding came before us, whether upon appeal from a judgment or from an order superseding the writ. As we have repeatedly decided, the costs arc not allowable.
The motion should be denied.
All concur.
Motion denied.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.