Ogden v. Lyman
Supreme Court of Connecticut
I , X HE plaintiff made a motion to erase this case from docket, the writ of error having no date. contended. that its having been served on the 5th of October, 1801, and returnable to the Court of Errors in June then ne;:t. was sufficient, without a date, . insisted that it was a nullity,
1Opinion of the Court
The Court
refused to erase it.
*351802.
The plaintiff then withdrew his suit* The defendant entered for costs, and moved the Court to assess damages in his favour, and, as such, to allow interest on the judgment below. This was objected to, by the plaintiff’s Counsel, on the ground, that as the writ of error was not dated, it could not be a supersedeas.
The Court, by the easting vote of the Governor, refused to allow the damages, but allowed costs.
2Cited by1 opinion
- Bohun v. CollinsNew York Supreme Court · 1826