31 A.2d 804 | N.J. | 1943
This a workmen's compensation cause and the appeal is from a judgment of the Supreme Court dismissing an order to show cause why a writ of certiorari should not issue.
In passing upon the question before us, it is not necessary to detail the facts except as the procedure is disclosed by the record.
The cause was heard in the Bureau May 13th, 1940, disposed of there May 24th, 1940, by a determination dismissing the petition. Thereafter, on September 26th, 1940, the petitioner, appellant here, instituted an action for negligence in the Court of Common Pleas of Union County. The complaint was struck out and upon appeal such action was affirmed by the Supreme Court, Staubach
v. Cities Service Oil Co.,
This appeal therefrom was then taken, the notice and grounds of appeal being filed December 29th, 1942.
There was no appeal from the determination of the Bureau to the Common Pleas as provided by statute (R.S. 34:15-66) and the time within which to do so has long gone by and had when the writ was applied for.
The Supreme Court has the inherent right to review bycertiorari, but its exercise thereof is purely discretionary.Winegrath v. Fairview,
Such control, over this prerogative writ, exists and continues, but remains discretionary, even though an appeal, provided by statute, has not been taken.
A refusal by the Supreme Court to allow a writ of certiorari is not a subject for judicial review.
Therefore, this appeal is dismissed.
For reversal — HEHER, RAFFERTY, JJ. 2.
For dismissal — THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, BODINE, DEAR, WELLS, THOMPSON, JJ. 8.