Moot v. Parkhurst
New York Supreme Court
Motion to quash writ of error. The cause originated in a justice’s court, and, after judgment there, was carried into the Madison "common pleas, where judgment was rendered for Moot. Parkhurst sued out a writ of error; and a motion was now made in behalf of Moot to quash the writ -on affidavits which established the following grounds, viz: 1. The certificate of the judge required by the act of May 26th, 1836, (Sess.
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Motion to quash writ of error. The cause originated in a justice’s court, and, after judgment there, was carried into the Madison "common pleas, where judgment was rendered for Moot. Parkhurst sued out a writ of error; and a motion was now made in behalf of Moot to quash the writ -on affidavits which established the following grounds, viz: 1. The certificate of the judge required by the act of May 26th, 1836, (Sess. Laws of 1836, p. 794, § 2,) was applied for and granted prior to the filing of the judgment record; 2. The writ was allowed with the teste and return in blank; 3. The teste…
1Opinion of the Court
By the Court,
Nelson, Oh. J.
By the act of May 26th, 1836, (Sess. Laws of 1836, p. 794, § 2,) the first judge, &c. may, on application of the party aggrieved, “ at any time within thirty days after the record of judgment shall have been filed, grant a certificate,” &c. • The object of this provision was to fix a limitation of time after which the certificate should not be granted. But I can see no objection to the giving of it at any time after the trial, provided it be not delayed beyond thirty days from the filing of the judgment record.(a) The act of granting the cer*374tificate is in no way…
2Cases cited3 opinions
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
- Clark v. McClaughryNew York Supreme Court · 1840