Craig v. Scott
New York Supreme Court
Motion to quash a writ of error. The grounds relied on are, 1. That it is prosecuted for delay; 2. That it is sued out without the privity and consent of one of the plaintiffs in error, all not having joined in the recognizance; and S. That one of the bail in error is an attorney and counsellor of this court
1Opinion of the Court
By the Court,
Savage, C. J.
The court will not inquire iu an ordinary case, whether the writ of error is prosecuted for delay; it is a writ of right to which the party is entitled, and the court are averse to impose restrictions upon its prosecution. It is not necessary that ail the defendants in the judgment should join in a recognizance on the bringing of a writ of error, one of several defendants having the right to bring error. (Tidd’s Pr. 1053.) It would have been a good exception to one of the bail, that he is an attorney or counsellor of this court, but it cannot now be urged in support…
2Cited by4 opinions
- People ex rel. Clarke v. Commissioners of HighwaysNew York Supreme Court · 1840
- Ryckman v. ColemanNew York Supreme Court · 1861
- In re the Estate of HeinzeNew York Surrogate's Court · 1916
- Miles v. ClarkeThe Superior Court of New York City · 1859