Dewitt v. Post
New York Supreme Court
THE plaintiff had obtained a verdict at the Ulster circuit, in November, 1812, in this action, which was for debauching the plaintiff’s daughter; special bail had been put in.
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THE plaintiff had obtained a verdict at the Ulster circuit, in November, 1812, in this action, which was for debauching the plaintiff’s daughter; special bail had been put in. At the time tlie P*ea pleaded, the defendant was an infant, but had apPeared by attorney, which, on a writ of error coram vobis, he assi§‘nec* f°r error, and the judgment was reversed, The sole question now presented for the opinion of the court * A A was, whether the plaintiff might proceed in continuance of the former suit, commencing with the declaration filed therein, and if the defendant did not plead thereto,…
1Opinion of the CourtPlatt, J.
delivered the opinion of the court.. This court, . . . , . , . on writ oí error coram vobis, gave judgment, if correctly enter- • ed, that its former judgment, in this cause, be “ revoked, annulled, and altogether held for nothing,” for an error in fact; viz. that the defendant, being an infant, appeared by attorney. It seems, judgment of reversal for error in fact, is “ revocetur.” For error in law, « reverseturP (Bac. Abr. tit. Error. (M) s. 2. Rol. Abr. 805.) i
In this case the first judgment is recalled, for error dehors the . record ; but, according to the forms of entries, in such cases,…
2Cited by18 opinions
- Howard v. StateSupreme Court of Arkansas · 1893
- Jeffery v. FitchSupreme Court of Connecticut · 1879
- Hastings v. . FarmerNew York Court of Appeals · 1850
- Board of Commissioners v. BrownIndiana Supreme Court · 1860
- McMurray v. McMurrayNew York Supreme Court · 1870
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