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Ex parte Albany Water Works Co. v. Albany Mayor's Court

12 Wend. 292 Court N.Y. Sup. Ct. Decision date 1835-03-19 English

Delivered by Sutherland, J.

Contents

Majority

p. 292
Ex parte Albany Water Works Company vs. The Albany Mayor’s Court.

Headnote

^ certiorari removing proceedings in street cases will not be granted ex parte ; notice must be given to the attorney of the corporation. Nor will a mandamus or rule to show cause he granted, unless notice of the application has been given to the parties to be affected by the proceedings.
March 19.
The relators in this case asked for a certorari, removing into this court the proceedings had in the opening of a public square, in rear of the contemplated state buildings about to be erected in Eagle street, in the city of Albany, on the alleged ground that real estate belonging to the relators had improperly been assessed for benefit.

By the Court,

We decline passing upon the merits of this application until after notice shall have been given to the attorney of the corporation. As the effect of a certiorari in this case probably would be to suspend the proceedings, and the allowance of,it may produce much incon-veniente, it is proper that the parties interested should have an opportunity to be heard on the original application. The court will not for the future entertain motions for a certiorari removing proceedings of this kind, or for a mandamns or a rule to show cause, unless upon notice to the parties to be affected by the proceeding.