In re Carlton-street — 20 Wend. 685

Majority — Cowen J.

p. 685

In the matter of Carlton-street, in the city of Brooklyn.

Headnote

In street cases, it is a matter of course to grant a certiorari, after confirmation oft report of the commissioners of estimate and assessment, where the object of t party is to remove the proceedings into the court for the correction of errors.

J. L. Wendell moved for the allowance of a certiorari,

to be directed to this court, acting as commissioners on the motion to confirm the report of the commissioners of estimate and assessment in the above entitled matter, as preparatory to the suing out of a writ of error, to remove the proceedings into the court for the correction of errors.

M. T. Beynolds was proceeding to oppose the motion,

on the ground, that there were no errors to be corrected, but was stopped by

who observed, that on a motion of this kind, the decision of the court on the confirmation of the report would not be reviewed ; that the certiorari being asked for the purpose avowed, it was a matter of course to grant it, the proceeding being in substance the same as drawing up a case in a subordinate court for the purpose of enabling a party to prosecute a writ of error, which this court would require to be done.

Motion granted.