People ex rel. Grissler v. Fowler — 55 N.Y. 675

Majority

p. 675

The People ex rel. Gottlieb Grissler et al., Appellants, v. James W. Fowler, Justice, etc., Respondent.

(Argued January 20, 1874;

decided January 27, 1874.)

Headnote

The right to a review in this court in civil cases is not a natural and inherent right, which cannot be taken away by legislation, but is created, and the jurisdiction of this court is designated and prescribed by the statute laws.

Where an act declares the decision of the General Term of the Supreme Court in certain cases final unless an appeal is allowed by it, such allowance is within the discretion of the General Term, with the exercise of which this court cannot interfere.

This was an appeal from an order of the General Term of the Supreme Court denying a motion for leave to appeal to this court.

A certiorari was issued by the Supreme Court herein, to review certain summary proceedings to recover possession of land. The General Term affirmed the proceedings, and this motion was thereupon made.

Section 47, of title 10, chapter 8, part 3, of the Revised Statutes (2 R. S., 516), as amended by secetion 8, chapter 828, Laws of 1868, provides “ that the judgment of the Supreme Court at General Term upon such certiorari shall be final, unless an appeal shall be allowed by the said court

p. 676

at General Term before the end of the term next after that in which the judgment was rendered.” Meld, as above.

John J. Townsend for the appellants.

Agree to dismiss appeal on mem. of J ohnson, J.

Appeal dismissed.