Ball v. Warren
New York Supreme Court
Motion to set aside proceedings. These actions were commenced in the Troy mayor’s court, in March, 1857. Each action was brought upon a promissory note made by one Chichester, and indorsed by the defendants, - On the 4th of April, 1857, judgment was perfected in each action against all the defendants by default.
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Motion to set aside proceedings. These actions were commenced in the Troy mayor’s court, in March, 1857. Each action was brought upon a promissory note made by one Chichester, and indorsed by the defendants, - On the 4th of April, 1857, judgment was perfected in each action against all the defendants by default. The amount of the judgment in the first action is $312.39, and in the other $369.86. On the 14th of May, 1857, an order was made by the Troy mayor’s court, upon the application of the defendants, by which the default and all subsequent proceedings in these causes were so far set…
1Opinion of the Court
Harris, Justice.
It, was objected on the part of the defendant that this motion is premature, inasmuch as no return had been made to the writs of certiorari. Were this to be regarded "as a motion to quash the writs for irregularity, the objection would be well taken. But regarding it as an application to supersede the writs, because improperly allowed, the objection cannot prevail. “ If the writ be misdirected or otherwise bad in point of law,” says Tidd, “ the court will order it to be quashed if before them, or if not returned will grant a super• sedeas.” (1 Tidd's Pr. 335. See also 2…
2Cited by3 opinions
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- State ex rel. Tibbits v. City of MilwaukeeWisconsin Supreme Court · 1893
- Padgett v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1900