People Ex Rel. Bronx Gas & Electric Co. v. Barker

New York Court of Appeals
People Ex Rel. Bronx Gas & Electric Co. v. Barker, 49 N.E. 775 (N.Y. 1898)
155 N.Y. 308; 9 E.H. Smith 308; 1898 N.Y. LEXIS 872
Haight

People Ex Rel. Bronx Gas & Electric Co. v. Barker

Opinion of the Court

Haight, J.

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.

Reference

Full Case Name
The People of the State of New York Ex Rel. the Bronx Gas and Electric Company, Respondent, v. Edward P. Barker Et Al., as Commissioners of Taxes and Assessments of the City and County of New York, Appellants
Cited By
1 case
Status
Published