People ex rel. White v. Erie, C. P.
New York Supreme Court
Motion for mandamus to Erie C. P, to vacate a judgment, on the ground that the affidavit on which a certiorari was obtained, removing a justice’s judgment in that court, was not served on the justice within ten days after the allowance of the certiorari. The justice made his return to the certiorari, and the certiorari, return, affidavit and bond required by statute, were filed in the office of the clerk of the county, previous to notice of argument.
1Opinion of the Court
By the Court,
Savage, Ch, J.
The statute requires that the certiorari, the affidavit upon which it was allowed, and the bond given by the party obtaining the certiorari, shall be served within ten days after the allowance of the certiorari, and *550that the fees of the justice for making a return shall be paid, and then adds : “ and no certiorari shall be of any effect until all the preceding requisitions shall have been complied with.” 2 R. S. 256, § 175. It is urged, in behalf of the relator, that this provision is similar to that contained in the act ■of 1824 relative to appeals, Laws of 1824,…
2Cited by5 opinions
- Slaughter v. StateSupreme Court of Georgia · 1897
- Pearson v. LovejoyNew York Supreme Court · 1866
- Seymour v. . JuddNew York Court of Appeals · 1849
- Graham v. SnyderNew York Supreme Court · 1880
- People ex rel. Reynolds v. Rensselaer C. P.New York Supreme Court · 1834