Opinion

People ex rel. Noble v. Board of Commissioners of Pilots

  • 37 Barb. 126
  • 1862 N.Y. App. Div. LEXIS 124
Court
New York Supreme Court
Filed
May 5, 1862
Status
Published
Author
Barnard
On the bench
Barnard
Cited by
7 cases
Authority
More cited than 91.3%

The opinion

By the Court,

Barnard, J.

Section 23 of the pilot .law gives the relator ample remedy by appeal for a rehearing, to the commissioners. We cannot assume that that "body, will necessarily adhere to their previous decision; but on the contrary must assume that if that body is convinced, on a rehearing, that the former proceedings were irregular, or that the former decision was erroneous either upon the facts or the law, it will promptly reverse its former decision. This remedy of a rehearing being given, the writ of certiorari should not be granted till such remedy has been exhausted.

Order affirmedj with $10 costs.

Ingraham, Leonard and Barnard, Justices.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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