Benson v. Bolles
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. On the 2d March, 1821, an agreement was entered into between Bolles on the one part, and Benson & Felthousen on the other, whereby Bolles demised to Benson & Felthousen, from the first day of May, then next, a store house and a building attached thereto, in the city of Schenectaday, at a rent of $100 per year; Benson & Felthousen to alter and repair the buildings to the amount of $50, as should be specified in a separate article, and to occupy…
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Error from the supreme court. On the 2d March, 1821, an agreement was entered into between Bolles on the one part, and Benson & Felthousen on the other, whereby Bolles demised to Benson & Felthousen, from the first day of May, then next, a store house and a building attached thereto, in the city of Schenectaday, at a rent of $100 per year; Benson & Felthousen to alter and repair the buildings to the amount of $50, as should be specified in a separate article, and to occupy for as many years as they thought proper, at the rent of $100 per year; Bolles reserving the right to dispossess them…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
If the judgment of the supreme court was right in substance, it seems to be incorrect in point of form. The judgment being reversed on a bill of exceptions taken at the trial, the plaintiffs were probably entitled to a venire de novo, to enable them, if possible, to' supply the deficiency in their proofs, on a new trial. But as this question was not raised before the supreme court, and was probably a mere mistake in making up the record there, it forms no ground for reversing the judgment in this court.
On a careful investigation 'of this…
2Cited by12 opinions
- Milliman v. NeherNew York Supreme Court · 1855
- Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861
- Mershon v. WilliamsSupreme Court of New Jersey · 1899
- Stephenson v. HallNew York Supreme Court · 1852
- Parkinson v. McQuaidWisconsin Supreme Court · 1882
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