Houghton v. Starr
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. . Lydia Starr as administratrix of Samuel Starr, deceased, declared against Jacob Houghton in the supreme court in debt.
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Error from the supreme court. . Lydia Starr as administratrix of Samuel Starr, deceased, declared against Jacob Houghton in the supreme court in debt. The declaration ^ I contained two counts, the first on a written obligatory bearing date 8th June, 1814, by which the defendant acknowledged himself to be indebted to the intestate in his life-time in the sum of $1200: and the second also on a writing obligatory bearing date 1st August, 1814, by which the defendant acknowledged himself to be indebted to the intestate in the sum of $300, concluding to the damage of the plaintiff $200. The…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
This court has repeatedly decided, and it is now the settled law, that a writ of error to this court cannot be sustained, except in those cases where the matters assigned for error have been actually considered by the court below, or fairly presented to that court in such a manner that they might have been considered and passed upon there. In Campbell v. Stakes, (2 Wendell’s Rep. 137,) I had occasion to review the several cases on this subject, and the conclusion at which I arrived was unanimously concurred in by this court in the…
2Cases cited1 opinion
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by6 opinions
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- Fowler v. ColtonWisconsin Supreme Court · 1843
- Lightbody v. PotterNew York Supreme Court · 1833
- Beaubien v. HamiltonIllinois Supreme Court · 1841
- Dyett v. Central Trust Co.New York Supreme Court · 1892
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