People ex rel. Wicks v. Oswego County Court of Sessions ( 1873 )

E. Dabwih Smith, J.

We concur in the foregoing opinion, on the ground that the writ of certiorari is a special proceeding and not an action. It was held to be a special proceeding, for the purpose of costs, under section 318 of the Code, in Haviland v. White, 7 How. 157; People v. Flake, 14 id. 530, and People v. Commissioners of Highways, 27 id. 158.

The order of the special term should be affirmed, with costs.

Order affirmed.