McKinney v. Stoddard
Court for the Trial of Impeachments and Correction of Errors
Motion to quash a writ of certiorari. Issue was joined in this cause in the court of common pleas of Saratoga county, in July, 1844, and the cause was noticed at the ensuing August term of that court; but not being likely to he reached on the calendar of issues, it was suffered to go over the term by consent of parties.
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Motion to quash a writ of certiorari. Issue was joined in this cause in the court of common pleas of Saratoga county, in July, 1844, and the cause was noticed at the ensuing August term of that court; but not being likely to he reached on the calendar of issues, it was suffered to go over the term by consent of parties. The cause was again noticed for the next December term of the common pleas, and after such notice, but more than eight days previous to the commencement of the term, the defendant procured the allowance of a certiorari to remove the same to this court, and caused the same to i…
1Opinion of the Court
By ike Court, Beardsley, J.
By the statute, (2 R. S. 389, $ 8,) a writ of certiorari to remove a cause in which an issue of fact has been joined, from the court of common pleas, must be filed “ at least eight days before the first day of the term at which such issue of fact might be tried according to the practice of the court.” And if not filed within such time it is not to be effectual to remove the cause, unless the -party, prosecuting the writ shall pay the costs incurred in consequence of the same having been noticed for trial.
The defendant contends that because the state of the business…
2Cases cited1 opinion
- George & George v. Orcutt & OrcuttNew York Supreme Court · 1839