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People, ex rel. John T. Haneman, Appellant, v. The Board of Tax Commissioners of the City and County of New York, Respondent; The People, ex rel. Gustavus Bunge, Appellant, v. The Same, Respondent; The People, ex rel. Ernst Pfarrius, Appellant, v. The Same, Respondent, 1881 — 85 N.Y. 655 · caselaw · US
Tax
People, ex rel. John T. Haneman, Appellant, v. The Board of Tax Commissioners of the City and County of New York, Respondent; The People, ex rel. Gustavus Bunge, Appellant, v. The Same, Respondent; The People, ex rel. Ernst Pfarrius, Appellant, v. The Same, Respondent
85 N.Y. 655·New York Court of Appeals·1881·NY
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Opinion
People, ex rel. John T. Haneman, Appellant, v. The Board of Tax Commissioners of the City and County of New York, Respondent. The People, ex rel. Gustavus Bunge, Appellant, v. The Same, Respondent. The People, ex rel. Ernst Pfarrius, Appellant, v. The Same, Respondent.
A decision of tlie Supreme Court quashing a writ of certiora/i'i is not appealable to this court.
(Submitted June 16, 1881;
decided June 23, 1881.)
This was an appeal from a judgment of General Term entered upon an order quashing a writ of certiorari.
The court say: “ We have many times decided that an appeal to this court is not allowed from a decision of the Supreme Court quashing a writ of certiorari. (The People ex rel. Vanderbilt et al. v. Stilwell et al., 19 N. Y. 531; The People ex rel. Davis v. Hill et al., 53 id. 547; Pelton v. Ins. Co., 77 id. 605.) If in these cases judgment had been made affirming the action of the commissioners of taxes, appeals could have been taken to this court. In the prior case of The People ex rel. Haneman v. The Commissioners of Taxes, the appeal to this court was from such, a judgment.
In these cases the writs of certiorari were merely quashed and vacated, and the appeals should, therefore, be dismissed, without costs.”
Anthony B. Porter for appellants.
J. A. Beall for respondents.
Mem. 73 N. Y. 607.
[MAJORITY — Per Curiam.]
Per Curiam.
Mem. for dismissal of appeal.
All concur.
Appeal dismissed.