4 How. Pr. 425 | N.Y. Sup. Ct. | 1850
—Though it is the first with which I have met, I think we have here a case, which, on its passage from the old to the new judicial system, has fallen through. The writ of certiorari lies to remove all judicial proceedings in which no writ of error can be brought. It may be addressed to any officer, or tribunal, exercising judicial authority. It does not he to any person who does not claim such authority. In respect to the judgment of a justice of the peace, it is provided
By the 76th section of the Judiciary Act, provision is made for transferring certain proceedings, and, among others, proceedings “ for the removal of a tenant or other person from lands,” which should be pending, on the first Monday of July, 1847, before any officer whose term of office would expire on that day, to some other officer under the new constitution. If the proceedings in question, can be deemed to have been pending on the day mentioned, it may be that, by procuring the transfer of the proceedings as provided in the section referred to, the party may obtain a review. Whether that section can be made to embrace such a case, is a question which I need not now decide.
In the view I have taken of the case, the certiorari which has been allowed, can be of no advantage to the party obtaining it. I think it better, therefore, to direct that the rule allowing the certiorari and all subsequent proceedings be vacated. Neither party should have costs upon this motion.