Maher v. Comstock
New York Supreme Court
Motion on the part of the defendant in each of the above causes for an allowance of a writ of error, coram nobis to reverse the judgment in each cause for error in fact.—The defendant being an infant at the time of thé rendition of the judgment as is alleged ; notice of the motions entitled in the suits has been given to the attorneys for the plaintiff in each suit, and a copy of the affidavits and papers on which the same is founded duly served on the plaintiff’s attorneys.
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Motion on the part of the defendant in each of the above causes for an allowance of a writ of error, coram nobis to reverse the judgment in each cause for error in fact.—The defendant being an infant at the time of thé rendition of the judgment as is alleged ; notice of the motions entitled in the suits has been given to the attorneys for the plaintiff in each suit, and a copy of the affidavits and papers on which the same is founded duly served on the plaintiff’s attorneys. The following are the affidavits, &c.: 1st, An affidavit of Laura D. Baker, not entitled in any suit, matter or…
1Opinion of the Court
Jewett, Justice.
A writ of error coram nobis can not properly issue only by order of this court upon cause shown by affidavit, and after notice to the opposite party or his attorney, (Ferris vs. Douglass, 20 Wend., 626; Smith and others vs. Kingsbury, 19 Wend., 620.) It is insisted by the counsel for the plaintiffs, that only one set of papers can be read on these motions, either the set entitled or the set not entitled is irregular, and that using one or the other, enough is not shown to authorize the allowance of the writ. It may be seen that the papers on which these motions are founded,…
2Cases cited2 opinions
- Smith v. KingsleyNew York Supreme Court · 1838
- Ferris v. DouglassNew York Supreme Court · 1839
3Cited by3 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Ex Parte Martinez, Jr.Court of Criminal Appeals of Texas · 1912
- People v. La Plante, New York County Courts1955