New York Court of Appeals, 1898

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

People Ex Rel. Bronx Gas & Electric Co. v. Barker
New York Court of Appeals · Decided March 8, 1898 · Haight
49 N.E. 775; 155 N.Y. 308; 9 E.H. Smith 308; 1898 N.Y. LEXIS 872 (North Eastern Reporter)

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.

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