# People ex rel. Cook v. Board of Metropolitan Police

> New York Supreme Court · March 15, 1864 · 26 How. Pr. 450

URL: https://www.frixlaw.com/law-library/cases/5469663

## Case

- **Full name:** The People ex rel. Stephen L. Cook agt. The Board of Metropolitan Police
- **Court:** New York Supreme Court
- **Decided:** March 15, 1864
- **Citations:** 26 How. Pr. 450
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barnard
- **Judges:** Barnard
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5469663

## Opinion text

Barnard, J.
At common law, costs were not allowed upon a certiorari ( 16 How. 46 ; 20 How. 304 ; 13 Abb. 405 ; 35 Barb. 444 .) In 20 How. the court say: “ none is given, by any statute to which our attention has been called, in a case like the present.”
The statutes referred to were the laws of 1854, cited above, and the Code, § 318. It is the duty of counsel to inform the court of the law, and in that case the counsel was properly punished for his lack of diligence in a matter of such personal interest as the laws relating to costs.
In the case under consideration, the laws of 1840 and 1844 have been brought to our notice, and they clearly and distinctly allow costs on every certiorari. The decision in Wend, is inapplicable, because made prior to the passage of those acts. The other decisions must be disregarded, because it appears that the attention of the court had not been directed to the statutes cited above. (Ram. Legal Judgs. 121.)
Motion denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5469663. Public record. Not legal advice.