Pike v. Gandall
New York Supreme Court
Error from the Washington common pleas. Gandall took as a distress for rent, certain goods and chattels belonging to Pike, who sued out a plaint in replevin, and declared, stating the taking to have been on the 25th September, 1827. The declaration contained three counts. The defendant put in five cognizances, in which he acknowledged the taking as the servant and agent of Isaac Low, surviving trustee of the estate of Lieut. Col.
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Error from the Washington common pleas. Gandall took as a distress for rent, certain goods and chattels belonging to Pike, who sued out a plaint in replevin, and declared, stating the taking to have been on the 25th September, 1827. The declaration contained three counts. The defendant put in five cognizances, in which he acknowledged the taking as the servant and agent of Isaac Low, surviving trustee of the estate of Lieut. Col. G. Cuyler, deceased, and justly, <&c. for rent due on certain demised premises. In the first cognizance, the defendant, in answer to the first count of the…
1Opinion of the Court
*153 By the Court,
Savage, Ch. J.
It is objected by the defendant in error, that a writ of error does not lie in this case, the judgment in the court below having been taken by default, and no motion made to, or question actually decided by that court. It has been held in several cases, that under such circumstances a writ of error does not lie from this court to the court for the correction of errors. That decision was founded mainly upon the constitution, which provides that where a writ of error shall be brought on a judgment of the supreme court, the justices of that court shall assign the…
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