Moody v. Vreeland
New York Supreme Court
Demurrer to assignment of errors. Moody sued out a writ of error to reverse a judgment obtained by Vreeland against him in the Seneca common pleas. The record was returned to this court with a bill of exceptions.
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Demurrer to assignment of errors. Moody sued out a writ of error to reverse a judgment obtained by Vreeland against him in the Seneca common pleas. The record was returned to this court with a bill of exceptions. Moody put in an assignment of errors, assigning for error that the judgment record in the common pleas was signed by a judge, not being the first judge of the common pleas, nor the degree of counsel in the supreme court, (it appearing by the record that it was a case in which the costs were not limited by law,) and also that there was error in the record and proceedings, and in the…
1Opinion of the Court
By the Court,
Sutherland, J.
The assignment is undoubtedly bad. The general assignment is of an error in law, the other of an error in fact. And it is settled that you cannot assign error in fact and error in law together. They are *56distinct things, and require different trials. Bac. Ab. tit.-Error, vol. 2, p. 487, K. sec. 2. 1 Saunds. 101, q. 2 Ld. Raym. 882. 1 Strange, 439. 1 Sidf. 147. 1 Leon. 145. ■ 1 Arch, Pr. 246. 2 Dunl. 1145. ■ But the proper way to take advantage of such assignment is by demurring to the assignment, on the ground of duplicity. 2 Bac. Abr. 487, Error, K. 2. I Arch. Pr.…
2Cited by2 opinions
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- Rhodes v. BuntsNew York Supreme Court · 1839